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Transnational Justice: Bahrain Launches Commercial Court with Direct Appeal to the SICC
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3 min well spent
Introduction
The Kingdom of Bahrain has significantly elevated its status as a global dispute resolution hub with the launch of the Bahrain International Commercial Court (BICC) on November 5, 2025. This initiative is not merely the creation of a new court; it introduces an unprecedented transnational appeal mechanism that allows parties to appeal BICC judgments to the Singapore International Commercial Court (SICC). This bold move creates a novel legal pathway set to redefine how international commercial disputes are resolved in the Middle East and North Africa (MENA) region. For legal professionals advising on cross-border transactions and litigation strategy, the BICC presents a compelling new venue.
The most distinctive feature of the BICC is the appellate route. Appeals from the BICC will be heard by the International Committee of the SICC, a panel comprising local and international SICC judges, alongside ad hoc judges from the BICC.
This structure leverages the SICC’s decade-long reputation for neutrality and international expertise, providing an error-correction mechanism rooted in a globally respected jurisdiction. The SICC’s bench boasts leading international and local judges, including former chief justices from the UK, Australia, and Canada. Critically, judgments issued by the International Committee will be treated as Bahraini judgments for the purpose of enforcement. This provides immediate clarity and assurance on enforceability.
The BICC itself is helmed by a distinguished bench, including President Jan Paulsson and Deputy President Christopher Greenwood KC, integrating jurists from common and civil law traditions. The court’s operational model seeks to blend best practices from both legal systems, distinguishing it from the purely English procedural law followed by regional courts like the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM) courts.
Jurisdiction and Procedure: Key Considerations for Counsel
BICC’s jurisdiction is founded solely on party agreement to submit international commercial disputes or arbitration-related matters to the court.
Feature
Description
Strategic Implication
“International” Dispute
Any of the following is outside Bahrain: a party’s headquarters, a significant part of contract performance, or the subject matter of the dispute.
Contractual or non-contractual matters, including supply of goods or services, distribution agreements, and commercial agency.
Broad scope, mirroring modern international practice.
Language & Representation
Proceedings may be conducted in English, and foreign counsel representation is permitted.
Reduces barriers for international clients and firms.
Applicable Law
Foreign law may be applied.
Allows parties to choose the law most suitable for their transaction.
The BICC is distinct from the existing Bahrain Chamber for Dispute Resolution (BCDR), which has mandatory jurisdiction over disputes in which the claim exceeds BHD500,000 (US$1.3 million) and involves: international commercial nature, a financial institution licensed by the Central Bank of Bahrain, or commercial companies licensed under the Bahraini Companies Law.
Conclusion
The BICC is the latest in a series of strategic legal reforms by the Kingdom, following its accession to the Singapore Convention on Mediation, ratification of the Hague Convention on Choice of Court Agreements 2005, and establishing a representative office for the Permanent Court of Arbitration (PCA), making it the first Middle Eastern country to do so.
For international businesses and their legal advisors, the BICC offers a compelling, hybrid option: judicial proceedings backed by the neutrality and expertise of a renowned Asian jurisdiction, located in the strategically important MENA region. Including a BICC jurisdiction clause now offers a highly attractive route for judgment enforceability in the contracting states of the Hague Convention and provides a novel, neutral seat for dispute resolution, setting a new benchmark for transnational commercial justice.
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