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  • Applicable Law

    • DRA-3.1.38

      (a) Kingdom of Bahrain Law applies to the arbitration proceedings;
      (b) The Arbitration Committee shall take into account the trade practice applicable to the transaction; and
      (c) Laws relating to arbitration in the Kingdom of Bahrain shall apply to an arbitration conducted under this Module, save for those matters that have been specifically provided for in this Module.
      July 2010

    • DRA-3.1.39

      (a) The Arbitration Committee, or if the arbitration proceedings have not commenced, the Chairman may modify the requirements of this Module in relation to the sending of documents or the length of time periods in particular cases where, in his opinion, it is expedient to do so in the interest of justice; and
      (b) A party who knows or reasonably ought to know that any provision of, or requirement under, this Module has not been complied with and yet proceeds with the arbitration without promptly stating his objection to such non-compliance is deemed to have waived his right to object.
      July 2010

    • DRA-3.1.40

      The Arbitration Committee shall decide on the dispute heard by it within a period not exceeding three months.

      July 2010

    • DRA-3.1.41

      The Arbitration Committee shall, if required, undertake investigation in disputes heard by it, or may authorise one of its members, or one of the members of the Arbitration Cell of the SRO to carry out the investigation.

      July 2010

    • DRA-3.1.42

      The Arbitration Committee shall make its decision on disputes heard before it, based on the evidence produced by the parties, and subject to the rules applicable at the SRO. The decision shall be executed in accordance with the provisions of the Civil Procedure Law, as amended.

      July 2010

    • DRA-3.1.43

      Disputes shall cease before the Arbitration Committee, for the same reasons provided in the Civil Procedure Law, as amended, and shall have the same effect legally resulting from the cessation of the dispute.

      July 2010

    • DRA-3.1.44

      Where in any hearing by the Arbitration Committee any question arises which is not within the jurisdiction of the Arbitration Committee, or a claim of forgery of any document is raised, or any criminal proceedings have been taken due to such forgery, the Arbitration Committee shall suspend its work pending the issue of final judgement thereon.

      July 2010

    • DRA-3.1.45

      Deliberations on the decision shall be confidential, and no person besides the member of the Arbitration Committee who attended the session hearings shall be entitled to participate. Decisions shall be adopted by majority vote. The decision shall be valid if signed by the majority of the members.

      July 2010

    • DRA-3.1.46

      The decision passed by the Arbitration Committee shall be in writing, and shall contain in particular, statements and documents of the parties, the reasons for the decision, and date and place of the decision. The decision shall be signed by the Arbitration Committee. However, the decision shall be valid if signed by the majority of the Arbitration Committee.

      July 2010

    • DRA-3.1.47

      The Arbitration Cell shall file the original decision of the Arbitration Committee and its attachments with the Court Clerks Section, within three days from the date of the announcement. The parties shall be notified of such filing.

      July 2010

    • DRA-3.1.48

      The concerned party may apply to the Chairman of the competent court to obtain a copy of the Arbitration Committee's decision, accompanied by an execution order.

      July 2010

    • DRA-3.1.49

      The parties may, regardless of the situation of their dispute, apply to the Arbitration Committee to enter on the record any agreed settlement or other mutual agreement reached by them, to be signed by them or by their representatives. The written agreement shall, in this case, be attached to the Arbitration Committee record and the contents of the agreement shall be entered on the record.

      July 2010