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Launch of the New Bahraini International Commercial Court: A 2026 Outlook
3 min 31 sec Written by
b.price@tamimi.com 
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Following the introduction of its enabling legislation in 2024 (Royal Decree No. (9) of 2024) (the “BICC Law”), the Bahrain International Commercial Court (the “BICC”) officially launched on 5 November 2025 to hear international commercial disputes. As we look ahead, the BICC is poised to become a significant forum for cross-border commercial dispute resolution in the region. The BICC introduces a unique and dynamic framework between Bahrain and Singapore for resolving cross-border commercial disputes.
Features of the BICC
One of the most significant features distinguishing the BICC — and one that will be closely watched in 2026 — is its innovative appellate mechanism. Unless the parties object, BICC judgements are appealed to the International Committee of the Singapore International Commercial Court (the “SICC“). Alternatively, parties may opt to appeal judgements to the BICC’s own appellate body. This arrangement establishes global standards for the BICC within the region by providing access to the trusted expertise of the SICC, whilst ensuring legal consistency for businesses operating across jurisdictions. The International Committee of the SICC comprises judges from both the SICC and the BICC to ensure an effective appellate framework.
Subject to party consent, the BICC has jurisdiction over international commercial disputes. Under the BICC Law, a dispute is considered international if:
- a party’s headquarters is located outside of Bahrain;
- a significant part of the contract performance occurs outside Bahrain; or
- the subject matter of the dispute is situated outside Bahrain.
A dispute is considered commercial if its subject matter relates to relationships of a commercial nature, including but not limited to:
- supply of goods or services;
- distribution agreements;
- investment and financing;
- banking transactions;
- insurance;
- franchising agreements; and
- joint ventures.
The BICC further attracts international disputes by allowing proceedings to be conducted in English and Arabic, non-Bahraini counsel representation and the application of foreign laws. Judgments issued under the BICC shall be considered as judgments issued by a competent authority in the Kingdom and shall be subject to immediate enforcement without the need for guarantees.
Interaction with the BDCR
Bahrain previously established Bahrain Chamber for Dispute Resolution (“BDCR”) which has mandatory jurisdiction over disputes with a claim amount exceeding BHD 500,000 (app. USD 1.3 million), and of a commercial nature.
It is expected that the BDCR will operate alongside the BICC with a slight overlap in the jurisdiction for a limited number of claims. It is currently unclear how this overlap will be facilitated between the two Courts, as we await more regulations to come out and for judgments regarding this matter.
Below is a comparison between the BICC and the BDCR.
| BDCR | BICC |
|---|---|
| Legislative Decree No. 30 of 2009. | Royal Decree No. 9 of 2024. |
| Mandatory if the dispute meets certain thresholds (amount > BHD 500,000) and is of a commercial nature. | Based on party consent: (1) written agreement to submit the dispute to BICC, or (2) one party files and the other accepts the BICC’s jurisdiction explicitly or implicitly. |
| Cases may be managed and decided in Arabic or English; parties may choose English under certain conditions. | Proceedings may be in English or Arabic if specific requirements are met. |
| Has its own arbitration/mediation rules and centre. | Does not have arbitration/mediation rules or a centre. Handles only arbitration-related matters (provisional measures, appointment/disqualification of arbitrators, annulment or recognition of arbitration decisions). |
| BCDR Court judgments are not appealable but may be challenged before the Bahraini Court of Cassation on limited grounds. | Appeals go to the International Committee of the Singapore International Commercial Court (SICC), unless parties agree that the appeal will be heard by the BICC’s Appellate Body. |
BICC Ambitious Future
The establishment of the BICC represents a significant milestone in Bahrain’s ambition to position itself as a leading international dispute resolution hub in the Middle East. By combining innovative features—including bilingual proceedings, the acceptance of foreign law, and a unique appellate partnership with the SICC—the BICC offers international businesses a compelling alternative forum for resolving cross-border commercial disputes.
Certain practical questions remain to be addressed as the BICC begins operations. The jurisdictional overlap with the existing BDCR requires clarification through forthcoming regulations or judicial decisions to ensure predictability for potential users. Additionally, the Court’s success will ultimately depend on its ability to attract high-quality cases, build a strong body of jurisprudence, and demonstrate efficiency in case management and decision-making.
Written by
The BICC's launch marks a pivotal moment for international dispute resolution in Bahrain, and 2026 will be a defining year as the Court begins to establish its jurisprudence and operational track record. Businesses with cross-border commercial interests should consider how the BICC's unique features—including its appellate link to the SICC—may benefit their dispute resolution strategy.
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