When I started in the international arbitration field, arbitration was a little-known field of practice in the region. The few of us who were doing it were nearly all general practitioners, and arbitration was just a side-line. In subsequent years, arbitration has developed into a sophisticated and important practice area and has now become one of the principal means in resolving high level commercial disputes. As a founding member of the Bahrain Bar Association, member of the International Court of Arbitration at ICC, the GCC Arbitration Committee, member of BCDR board of trustees, the Cairo Regional Centre for International Commercial Arbitration and a lawyer in general, I learnt to keep in mind that the law and the needs of clients are always evolving. Ultimately, the objective is to distinguish oneself in the practice, which requires an ability to embrace rejection with persistence and resilience. In the race to do well, it is critical to be patient and to work hard. Over the last 48 years, what are some of the greatest developments you have seen in Bahrain, where law is concerned? From 1968 to 2022 there have been a whole lifetime of developments! Of course, there are key judicial and legislative developments that changed the legal system in the Kingdom such as the issuance of administrative reform decrees by HH the late Shaikh Isa bin Salman Al Khalifa. Decree No. (2) stipulated the establishment of a justice department that includes three departments: the courts, the real estate registry, and the funds of minors. in 1971, the Ministry of Justice was established, which replaced the Department of Justice and the Notary Public Act (Notary Public) was issued. 1989 was very exciting, when the court of cassation was created to monitor the application of the law itself and the highest level of the judicial system. For lawyers, that was a great achievement for Bahrain’s legal and judicial system and we were very proud to be a part of it. During that period, and until the late 90s, many laws were issued including civil and commercial law and all the other laws that we work with today. Later in the 2000s we witnessed a new chapter of developments by HM King Hamad Bin Isa Al-Khalifa beginning with the establishment of a supreme judiciary council followed by the new action charter and the establishment of a constitutional court. This is in addition to several developments and achievements regarding laws, and the judicial and legal system which followed. The establishment of ICC Bahrain in 1999 and BCDR in 2009 was a huge leap in the development of international arbitration and dispute resolution in the kingdom and the region. It was a great opportunity for us lawyers to have the option of alternative dispute resolution in commercial and international cases right here at home! The developments from the 70s until now are huge and I am grateful for being a part of and witnessing such great leaps in the history of the legal and judicial system in the kingdom. How has the trend changed in terms of women seeking careers in law over the years? If I remember correctly. there was a study which showed that more than half the lawyers and many judges in Bahrain are women. Legally, Bahraini women are recognised in the Bahraini Constitution as equal to Bahraini men with equal opportunities in their professions. In my personal opinion the legal system in Bahrain supports women in their career development as lawyers, arbitrators and judges, we have a number of practicing lawyers, judges and public prosecutors all hardworking, extremely professional high achievers. We are encouraging the promotion of women in these sectors and there is no limit to what they can achieve. My daughter and wife are both lawyers, and two of my grandchildren are studying law too! As one of the most prolific commercial lawyers in the Kingdom, what is some of the best advice you can give people who would normally seek your service? My best advice for anybody with a legal issue is to try and settle it amicably rather than through litigation. It’s not because courts are complicated, but the timing and costs increase exponentially the longer it goes on. Settling amicably avoids lengthy litigations, time is money too! You were previously the director of courts at the Bahraini Ministry of Justice, and a member of the board of directors of the Bahraini Bar Association. What would be your advice to young Bahrainis pursuing a career in law? For those wishing to practice law, a graduate needs to acquire litigation experience, which can be acquired domestically or internationally. Having litigation skills prepares a lawyer well for any field of law including arbitration. It is further, of course, highly desirable to have a good knowledge of different languages specifically English since many documents and contracts are now drafted in English. It also helps if you can find intellectual satisfaction in your chosen field of practice as I have been lucky to do in the fields of commercial law and arbitration. It makes it so much easier to work when it is a pleasure to do so! Finally, I would advise any upcoming lawyer never to stop reading to educate themselves further as law is a continuously developing subject. So, my advice is be patient, informed and flexible. You have had a very illustrious career to date. As someone who has already achieved so much, what are your ambitions in the near future? To see my children and grandchildren take over from me so I can take a back seat or maybe specialise in arbitration only! In all seriousness, my ambitions are very simple - to continue working; my work is my happy place and I’m most comfortable when I’m busy solving a problem or planning a case strategy. interview www.bahrainthismonth.com October 2022 21
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