مدى توافق مبدأ حصر حالات الطعن بالبطلان في حكم التحكيم مع المبادئ الدستورية في البحرين

Abstract EN

At present, countries rely on arbitration as a tool to settle international commercial disputes.

In this regard, various countries have adopted arbitration rules whereby such countries enacted legislations that regulate commercial arbitration; for example, the Bahraini legislator enacted Decree Law No.

9 of 2015 with respect to Arbitration Law.

In addition, there have been a number of arbitration centers (one of which is commercial arbitration center for “The Gulf Cooperation Council Countries”.

The arbitration provisions contain elements of judicial verdicts, judicial order and it remains enforceable in accordance with the law, but shall not be subject to judicial supervision.

As the principle of arbitration stipulates the limitation of the cases of nullity, this was a beneficial reason to challenge the unconstitutionality of this principle, and the extent to which this principle is compatible with well-known constitutional principles, such as the right of litigation and the right of equality.

This verdict has been taken from the Constitutional Court in the Kingdom of Bahrain pursuant to Case No.

(D/1/2016).

Accordingly, in this research we will seek to discuss the concept of the abovementioned arbitration principle, how it is regulated in the Bahraini legislation (and its comparison) as well as its compatibility with the constitutional principles and if the Bahraini Constitutional Court has managed to address this matter in its ruling.