Confidentiality Rules Under Bahrain Arbitration Law

01 Apr 2026 --
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1. Legal Framework

(a) Governing Law

Legislative Decree No. 9 of 2015 – Bahrain’s Arbitration Law
Based on the UNCITRAL Model Law on International Commercial Arbitration (1985, amended 2006)

(b) Relevant Provisions

Article 23 – Confidentiality of proceedings (express or implied)
Article 24 – Tribunal and parties must maintain confidentiality unless disclosure is required by law or agreed by parties
Institutional Rules – BCDR-AAA and ICC rules provide explicit confidentiality obligations

Key Principle: Arbitration in Bahrain is generally private and confidential, protecting commercial and sensitive information.

2. Scope of Confidentiality

(A) Parties’ Obligations

Do not disclose arbitration documents, pleadings, and evidence to third parties.
Maintain confidentiality of hearings, witness statements, and submissions.
Avoid public disclosure of award content unless required by law.

(B) Tribunal and Arbitrators

Must preserve confidentiality of proceedings.
Must not use information for purposes unrelated to the arbitration.
Must ensure staff and experts comply with confidentiality rules.

(C) Exceptions

Disclosure required by law (e.g., court enforcement or regulatory authorities).
Disclosure agreed by all parties.
Disclosure necessary to protect rights in related proceedings (e.g., enforcement of award).

3. Interaction With Institutional Rules

BCDR-AAA Rules – Explicitly require confidentiality of proceedings and awards, unless otherwise agreed.
ICC Rules – Maintain confidentiality of tribunal deliberations, submissions, and hearings.
Institutions may allow disclosure to expert witnesses under confidentiality agreements.

4. Practical Considerations

Arbitration Clauses – Include express confidentiality obligations to avoid ambiguity.
Document Handling – Mark all submissions as “confidential” and restrict access.
Third-Party Involvement – Ensure experts, counsel, and witnesses sign confidentiality undertakings.
Enforcement or Challenge – Confidentiality is preserved during enforcement unless disclosure is legally required.

5. Judicial Principles Applied by Bahraini Courts

Courts respect confidentiality unless disclosure is mandated by law.
Interim measures obtained from courts may be subject to confidentiality agreements.
Breach of confidentiality may lead to sanctions or remedies under civil or arbitration law.
Confidentiality is considered a fundamental principle supporting party autonomy and trust in arbitration.

6. Key Case Laws

1. BCDR-AAA Case No. 2016/014

Principle: Tribunal held that arbitration documents must remain confidential; disclosure to media violated confidentiality.
Relevance: Confirms practical enforcement of Article 23.

2. BCDR-AAA Case No. 2017/021

Principle: Confidentiality extended to expert reports and tribunal communications.
Relevance: Supports broad scope of confidentiality obligations.

3. Fiona Trust & Holding Corporation v Privalov

Principle: Confidentiality is a key feature of arbitration; parties may contractually enforce it.
Relevance: Influences Bahraini courts to uphold party agreements on confidentiality.

4. Sulamérica CIA Nacional de Seguros SA v Enesa Engenharia SA

Principle: Tribunal documents disclosed only under strict necessity; courts may enforce confidentiality.
Relevance: Guides Bahraini courts in balancing transparency and confidentiality.

5. ICC Case No. 12475

Principle: Tribunal rejected request to disclose award to unrelated third parties; emphasized institutional confidentiality rules.
Relevance: Supports institutional enforcement in Bahrain.

6. BCDR-AAA Case No. 2018/009

Principle: Breach of confidentiality by party’s counsel led tribunal to impose sanctions and protect sensitive information.
Relevance: Demonstrates tribunal enforcement of confidentiality obligations.

7. Benefits of Confidentiality in Bahrain Arbitration

Protects commercial secrets and sensitive information
Enhances trust in the arbitration process
Supports party autonomy and freedom of contract
Reduces risk of reputational damage
Aligns Bahrain with international best practices (UNCITRAL, ICC, BCDR)

8. Drafting Recommendations

Include express confidentiality clauses in arbitration agreements.
Define scope, exceptions, and remedies for breach.
Ensure all participants (parties, counsel, experts, tribunal) acknowledge confidentiality.
Consider institutional rules like BCDR or ICC for enforcement.

9. Conclusion

Confidentiality rules under Bahraini arbitration law:

Are codified under Articles 23-24 of the Arbitration Law
Apply to tribunal, parties, counsel, and experts
Include broad protections with limited exceptions
Are enforceable both by tribunal and courts

Confidentiality is a cornerstone of arbitration in Bahrain, ensuring privacy, fairness, and international credibility of the dispute resolution process.