The Supreme Judicial Council hosted a round table to discuss ways to increase certainty of judgments in construction disputes under Bahraini Law in light of the judicial trends related to these types of contracts in the region.
A number of judges of civil and commercial courts participated in the roundtable discussion, attended by Shaikh Khalid bin Ali Al Khalifa, Vice-President of the Supreme Judicial Council and President of the Court of Cassation.
The discussion featured a panel of prominent construction disputes experts from the international law firm White and Case, who presented the modern requirements of the financial and business sectors in the field of construction dispute resolution
During the roundtable, participants discussed comparative experiences with regards to legal provisions governing contracts relating to construction, building, and contracting within regional jurisdictions. In addition, participants explored the legal principles regarding liquidated damages and how they apply in construction disputes.
The discussion also covered the judge's authority in implementing emergency measures in construction disputes thereby contributing to maintaining the interests of all parties and the balance between the rights of the contracting parties, given that construction projects are considered one of the most important and dynamic economic sectors in the region.
The roundtable also shed some light on examples of judicial precedents regarding implementing the principle of good faith in building contracts and judicial trends in interpreting contracts and conditional payment agreements between contractors.
This event was held as part of a series of meetings aimed at exchanging expertise within initiatives intended to enhance certainty in judgments and strengthen judicial principles; as well as its importance in facilitating the resolution of disputes that may arise during the implementation of contracts and achieving the goal of resolving disputes within a supportive legal framework in a timely, consensual manner.
Source: Bahrain News Agency