Bahrain launches international commercial court with appeal route to Singapore
The partnership is part of a broader vision to create a network of hub courts specialising in commercial law
[MANAMA] The Bahrain International Commercial Court (BICC) was launched on Wednesday (Nov 5), with a transnational mechanism that allows parties to bring appeals to the Singapore International Commercial Court (SICC).
Appeals from the BICC can be heard by the International Committee of the SICC, comprising local and international judges of the SICC, as well as ad hoc judges from the BICC.
Developed in partnership with the SICC, the BICC “is a groundbreaking institution that is invested in the commercial future of this vastly important and dynamic part of the world”, said Singapore Chief Justice Sundaresh Menon at the launch ceremony at the Isa Cultural Centre in Manama, Bahrain.
He noted that in a world with greater cross-border flows of goods and capital, commercial actors are increasingly seeking neutral and trusted dispute resolution mechanisms. International commercial courts such as the BICC advance “neutral justice” through openness to all parties, an international outlook and adherence to international best practices.
The BICC is led by president Jan Paulsson, a renowned international arbitrator, with deputy president Christopher Greenwood, a former British judge at the International Court of Justice. Its bench comprises distinguished commercial jurists from common and civil law jurisdictions, including at least four Bahraini judges.
The court allows representation by foreign counsel and the application of foreign law, with proceedings to be conducted in English.
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Key aspect
One key aspect of international commercial courts is their ability to work together as permanent institutions, unlike arbitral tribunals which are constituted on an ad hoc basis for a limited time.
Chief Justice Menon said: “This is critical, because for international commercial courts to serve the world, they must strive to meet the needs of commerce across diverse regions in a cohesive way.”
In this context, the appeals mechanism between the BICC and the SICC is a “game-changer” and a global first in transnational judicial cooperation, the Chief Justice told The Business Times in a separate interview.
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The partnership is part of a broader vision to create a network of hub courts specialising in commercial law, with broadly consistent practices and process, united through a shared appellate structure.
In practice, the SICC’s International Committee can apply foreign laws, such as Bahrain’s, when hearing appeals. This means it can follow the legal procedures of the country the case comes from, while operating in Singapore and benefiting from the SICC’s reputation for neutral and quality dispute resolution, said the Chief Justice.
The aim is to provide a seamless experience for users, he added, with cases heard by two adjudicative bodies operating under high standards.
Users will have the assurance of a robust mechanism for error correction, which strengthens the legitimacy of the entire system of transnational commercial justice, he said.
In this vein, Singapore is prepared to explore similar collaborations with other states, with the SICC and BICC partnership serving as a proof of concept, said Chief Justice Menon.
Potential partner jurisdictions should share Singapore’s commitment to a stable, rules-based international legal order and meaningfully enhance the dispute resolution ecosystem, particularly in jurisdictions serving as regional hubs.
Shared commitment
The partnership between the SICC and BICC was “truly catalysed” by both parties’ shared commitment to advancing the rule of transnational commercial law, said Senior Minister of State for Law Murali Pillai, who was present at the launch ceremony.
As cross-border commercial disputes rise and the world continues to be in a “state of flux” – with supply chain disruptions, global inflation and economic instability – businesses “desperately need legal certainty and the rule of law to operate with confidence”, he added.
Businesses need to know that contracts can be enforced, debts will be paid, and disputes will be resolved quickly, impartially and on their merits.
“In short, in this new world order, we need a model for ensuring justice across nations, as well as within specific jurisdictions,” explained Murali.
On Bahrain’s part, the partnership shows “immense potential for the BICC to transform commercial dispute resolution across the region and beyond”, said Chief Justice Menon.
It can also help to position Bahrain as a premier dispute resolution hub and “gateway to the Gulf”, he added.
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