Interim Measures Power Of Arbitral Tribunals In Bahrain
1. Legal Framework in Bahrain
(a) Bahrain Arbitration Law
- Legislative Decree No. 9 of 2015
- Based on the UNCITRAL Model Law on International Commercial Arbitration
(b) Key Provisions
- Article 17 → Tribunal’s power to order interim measures
- Article 9 → Court assistance in interim measures
2. What are Interim Measures?
Definition:
Interim measures are temporary orders issued before the final award to:
Preserve rights, assets, or evidence, and ensure effectiveness of arbitration.
3. Types of Interim Measures
Arbitral tribunals in Bahrain may grant:
(1) Preservation of Assets
- Freezing assets
- Preventing dissipation
(2) Preservation of Evidence
- Securing documents
- Witness protection
(3) Status Quo Orders
- Preventing contractual breach
(4) Injunctive Relief
- Restraining harmful actions
(5) Security for Costs
- Protecting respondent from frivolous claims
4. Tribunal’s Powers Under Bahraini Law
(A) Broad Authority
Tribunals may order interim measures unless parties agree otherwise
(B) Binding Nature
- Orders are binding on parties
- However, enforcement may require court support
5. Conditions for Granting Interim Measures
Although not exhaustively listed in the statute, tribunals generally apply internationally accepted standards:
(1) Prima Facie Case
- Claim must not be frivolous
(2) Urgency
- Immediate action required
(3) Irreparable Harm
- Harm cannot be compensated by damages
(4) Balance of Convenience
- Weighing harm to both parties
6. Court Assistance in Bahrain
(A) Concurrent Jurisdiction
- Parties may approach courts before or during arbitration
(B) Role of Courts:
- Enforce interim measures
- Issue orders where tribunal lacks coercive power
7. Enforcement of Interim Measures
Unlike final awards:
- Interim measures may not be directly enforceable
- Courts may:
- Recognize and enforce
- Reissue orders in local form
8. Emergency Arbitrators
Although not explicitly in the statute:
- Institutional rules (e.g., international arbitration centers) may allow:
- Emergency arbitrators
- Bahrain generally recognizes such mechanisms
9. Judicial Approach in Bahrain
Bahraini courts:
- Support arbitral interim measures
- Avoid interfering with tribunal discretion
- Act as supportive authority, not supervisory barrier
10. Key Case Laws (International & Persuasive)
Due to limited Bahraini case law, international jurisprudence is highly influential.
1. Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd
Principle:
- Courts may grant interim relief in support of arbitration
Relevance:
- Supports court–tribunal cooperation in Bahrain
2. American Cyanamid Co v Ethicon Ltd
Principle:
- Established test for interim injunctions:
- Serious issue
- Balance of convenience
Relevance:
- Influences tribunal standards globally
3. Mobil Cerro Negro Ltd v Petroleos de Venezuela SA
Principle:
- Courts may enforce interim measures linked to arbitration
Relevance:
- Supports enforceability of tribunal orders
4. Cetelem SA v Roust Holdings Ltd
Principle:
- Courts may grant interim relief even when arbitration agreement exists
Relevance:
- Reflects Bahrain’s concurrent jurisdiction model
5. Front Carriers Ltd v Atlantic and Orient Shipping Corp
Principle:
- Courts assist arbitration by granting asset preservation orders
Relevance:
- Reinforces supportive judicial role
6. ICC Case No 8786
Principle:
- Tribunals have inherent power to grant interim relief
Relevance:
- Supports tribunal authority under Model Law systems
11. Practical Scenarios
Scenario 1:
- Risk of asset dissipation
✔ Tribunal orders asset freeze
Scenario 2:
- Urgent relief before tribunal formation
✔ Party approaches court
Scenario 3:
- Non-compliance with tribunal order
✔ Court enforcement required
12. Limitations of Tribunal Powers
(A) No Direct Coercive Power
- Cannot enforce orders without court assistance
(B) Territorial Limits
- Enforcement depends on local courts
13. Drafting Recommendations
To maximize effectiveness:
(1) Include Clause:
- “Tribunal may grant interim measures”
(2) Provide for Emergency Arbitration
- Through institutional rules
(3) Allow Court Recourse
- Explicitly preserve right to approach courts
14. Conclusion
In Bahrain:
- Arbitral tribunals have broad powers to grant interim measures
- Courts act as supportive partners
- System reflects modern international arbitration standards
The Bahraini framework ensures a balance between:
- Tribunal autonomy
- Judicial support
- Effective dispute resolution
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