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Internal Regulations
Article (1): The following terms and expressions shall have the meanings indicated against each wherever they appear in this Regulation:
Article (2): The Commercial Arbitration and Disputes Committee is one of the permanent committees provided for in BCCI’s Byelaw and Rules. Committee’s Formation Article (3): 1. The Committee shall consist of three to eleven members. 2. Upon the commencement of each term of office, the Board shall nominate one of its members to be the Committee’s co-ordinator. 3. The Co-ordinator shall prepare a list of the names of persons who are nominated for the Committee’s membership from amongst persons experienced in various fields, whether or not they are BCCI members. The said list shall be submitted to the Board. 4. The Board shall select and approve the Committee’s members. 5. The Committee’s term of office shall be as provided for in the Board’s decision. 6. In case there is a vacancy on the Committee for any reason, the Board shall appoint a member on the Committee upon a recommendation of the Chairman.
Committee’s Powers Article (4): 1. To give advice to parties to the dispute with respect to the available means of settling commercial disputes referred to the Committee. 2. To settle commercial disputes referred to BCCI by amicable methods, provided that one of the parties is a BCCI member. 3. To settle by arbitration commercial disputes in respect of which BCCI has jurisdiction to settle under the contract or arbitration charter signed by the two parties to the dispute according to BCCI’s approved arbitration rules. 4. To inspect goods and to submit a report approved by BCCI upon the request of one of the parties to the dispute. 5. To nominate experts and arbitrators at the request of any party to the dispute, relevant authorities or the Bahrain law courts. 6. To give opinion to the Board, BCCI members, government authorities and Bahrain law courts with respect to the prevailing commercial practices in respect of matters where the Committee’s opinion is sought. 7. To refer recommendations to the Bureau to take the actions provided for in the law against the parties that do not co-operate with the Committee in the settlement of commercial disputes being heard by the Committee. Article (5): The Committee may of its own initiative study all matters and issues related to its jurisdiction and refer its views and proposals to the Board or the Bureau. Committee’s Duties Article (6): 1. To draw up the Committee’s plan and programme of action to be referred to the Board for approval. 2. To familiarize the business community in the Kingdom of Bahrain with the Committee’s powers and services rendered to BCCI members and foreign companies. 3. To hold conferences and seminars concerning the alternative methods for settlement of commercial disputes, arbitration and commercial custom and usage. 4. To lay down the rules of amicable settlement and arbitration to act in accordance therewith following their approval by the Board and to make amendments thereto whenever necessary. 5. To strengthen the Committee’s relations with the other BCCI committees, government authorities and non-government organizations concerned with commercial disputes and arbitration. 6. To forge closer relations and to co-ordinate with the centres, organizations and authorities concerned with commercial disputes and arbitration. 7. To participate in courses, seminars and conferences with respect to commercial disputes and arbitration. 8. To prepare a budget of the Committees expenses and revenues to be referred to the Board for approval. 9. To comply with the provisions of the rules of administrative and financial policies upon payment from the Committee’s budget and when the need arises for purchasing or obtaining services. Article (7): The Committee may contact government and non-government departments, authorities and organizations through the Bureau in respect of affairs related to the Committee’s duties and powers and also to obtain the necessary information for its activities. The Bureau may authorize the Committee to contact such departments, authorities and organizations directly. Committee’s Meetings Article (8): 1. The Committee’s first meeting shall be chaired by the Co-orindator elected by the Board for formation of the Committee. The Committee shall at such meeting elect a Chairman and a Deputy Chairman and the working teams required by the Committee for carrying out its powers and duties shall be formed. 2. The Committee shall convene its meetings upon the summons of the Chairman whenever necessary to discuss the topics included in its agenda, provided that the Committee’s meetings shall not be less than 6 meetings annually. 3. A Committee meeting shall be validly convened in the presence of the relative majority of members, provided that they shall include the Chairman or his Deputy. In case the quorum is not available, the meeting shall be postponed for a subsequent meeting to be held within at least one week at which the required quorum shall be deemed available in the presence of at least one third of the members, who shall include the Chairman or his Deputy. 4. Voting on the Committee’s resolutions shall take place by a majority of votes of the members present and in case of an equality of votes, the Chairman shall have a casting vote. 5. Each Board member shall have the right to attend the Committee’s meetings as an observer. 6. Upon the absence of a Committee member from three successive meetings or six intermittent meetings without an acceptable excuse during one year, the Chairman shall give him notice to this effect. In case of his repeated absence, this shall be deemed as disinterest in continuing to be a Committee member and the Board shall nominate a replacement thereof upon the recommendation of the Committee’s Chairman. Committee Chairman’s Powers and Duties Article (9): The Chairman shall be responsible for all the Committee’s activities towards the Board, Bureau and third parties and shall have the following powers and duties: 1. Chairmanship and running all the Committee’s meetings. 2. Approving the agenda and inviting members to attend the Committee meetings. 3. Distribution of duties to the Committee members. 4. Supervision and follow up implementation of the Committee’s resolutions, recommendations and programme of action. 5. Writing to parties to the commercial disputes heard by the Committee. 6. Reference of the Committee’s recommendations to the Board. 7. Co-ordinating between the Committee, Board, Bureau and all the other BCCI committees. 8. Approaching the Board to facilitate all matters relating to the Committee’s activities and duties. 9. Publishing press releases about the Committee’s activities and deliberations in co-ordination with the concerned BCCI department. 10. Submitting a semi-annual repot to the Board about the Committee’s activities, deliberations and achievements. 11. Representing the Committee at all meetings. Article (10): The Committee’s Deputy Chairman shall assume all the powers and duties of the Committee Chairman in the event of his absence. Article (11): All the Committee’s resolutions shall be deemed as recommendations until they are approved by the Board or Bureau. Article (12): Upon the exercise of its powers and duties, the Committee shall comply with the by-law, rules and regulations applicable in BCCI. Committee Rapporteur’s Duties Article (13): BCCI shall in co-ordination with the Chairman appoint the Committee’s Rapporteur from amongst the BCCI administration staff. The Rapporteur shall undertake the following duties: 1. To co-ordinate with the Committee Chairman for determining the dates, venues and agendas of the Committee’s meetings. 2. To give invitations upon the instructions of the Committee Chairman to the Committee members to attend meetings accompanied by the meeting’s file at least 4 days before the date of the meeting. 3. To book the conference room in co-ordination with the concerned department and to ensure its availability and that it has all the requirements of the meetings. 4. To confirm the date of the meeting to the members and to remind them thereof one day before its convention. 5. To keep the Committee informed as far as possible of the BCCI’s policies, plans, studies and projects undertaken by BCCI and are of concern to the Committee. 6. To inform the Committee as far as possible of the local, regional and international developments and changes that are related to the sector represented by the Committee. 7. To prepare minutes of meetings provided that the first draft of the minutes shall be forwarded to the Committee members who attended the meeting three days after its convention to comment thereon within a maximum period of 3 working days and then prepare the finalized minutes within two days to be sent to the Committee members. 8. To prepare a schedule of the recommendations adopted at the meeting and to refer them by a letter to be signed by the Committee Chairman to the Chief Executive to decide what can be directly implemented and to refer to the Bureau or the Board whatever requires their approval. 9. To monitor the implementation of the Committee’s recommendations with the various departments in BCCI according to the competence of each. 10. To prepare press releases and to procure their publication in co-ordination with the concerned department in the media according to the BCCI applicable procedures. 11. To co-operate with the Committee Chairman in preparing the semi-annual report about the Committee’s activities and achievements and to submit it to the Committee members prior to its reference to the Committee Chairman. 12. To submit views and proposals upon the request of the Chairman. 13. To undertake the aforesaid duties with respect to the meetings of the Committee’s working groups. Article (14): The Chairman may upon the Committee’s decision instruct the Rapporteur in case he has the required qualifications and sufficient experience to write to the parties to the dispute and to follow up the commercial disputes and complaints that are referred to the Committee. Article (15): The Committee shall be entitled to seek in its deliberations the assistance of any BCCI member or non-members as it may deem fit. Article (16): This Regulation shall come into effect from the date of its approval by the Board. Its provisions shall not be amended except by a resolution of the Board.
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