Bahrain Chamber for Dispute Resolution (BCDR), is having legal jurisdiction to issue awards in settlement of disputes and such awards shall be deemed as final enforceable judgments issued by the Courts of Bahrain. This jurisdiction is very essential as it gives BCDR the necessary impetus and legal powers for enforcement of laws and maintaining the rule of law.
However, irrespective of the finality of BCRD awards, parties to the dispute can challenge the final award before the Court of Cassation requesting nullification of the award. In case of challenging the award, the Court of Cassation can suspend enforcement of the award upon request from the challenger. There are very technical legal points here to be observed by all parties, otherwise damage could happen to a party.
The Cassation Court could nullify the award on certain instances stipulated in the law. Including, inter alia, the challenging party was not properly served for the appointment of tribunal member, the dispute resolution or not enabled to present defense. Composition of the tribunal or the procedure is contrary to the law and the award contradicts public order in Bahrain. If fraud or deception was committed by a party or his representative, admissions were forged or the award was based upon false testimony of a witness. Moreover, after issuance of the award, a party obtained documents which submission was obstructed by opponent, the award covered a matter not claimed by opponents or by more than the claim. If the award contradicts another award. Any of such reasons could justify the challenge of BCDR award to the Court of Cassation. Taking this in consideration, the tribunal shall be vigilant and careful to escape annulment of their award.
As a matter of procedure, the challenge shall be filed in the same ordinary manner for filing the case within 30 days of the date of the award or its notification. Such period shall be calculated in regard to mentioned instances, from the first day of the fraud or admission of the forger or judgment evidencing forgery or judgment against the committer of the false testimony or the day receiving the withheld paper.
Necessary fees must be paid before starting the challenge process. Moreover, the challenger of the award must include his reasons very clearly otherwise it shall be void and valueless.
Dr. AbdelGadir Warsama
LEGAL COUNSEL
Email: AWARSAMA@WARSAMALC.COM
