New Delhi, Dec 25 (Representative) In a landmark development, former Supreme Court Judge Justice Sanjay Kishan Kaul has been appointed as one of the nine members of the newly established Bahrain International Commercial Court (BICC). The BICC, modelled on the Singapore International Commercial Court, is a key initiative under Bahrain’s “Team Bahrain” program that aims to boost private sector investments by providing a specialized forum for resolving disputes.The distinguished BICC bench is led by renowned arbitrator Jan Paulsson as the President of the Court, and former British Judge Sir Christopher Greenwood as Vice President.The nine-member bench includes Justice Mary Lim Thiam Suan (Malaysia), Justice Sanjay Kishan Kaul (India), Sir Vivian Ramsey (United Kingdom), Justice Hi-Taek Shin (South Korea), Professor Henk Snijders (Netherlands), Justice Judith Prakash (Singapore) and Justice Fatima Faisal Hubail (Bahrain).
This diverse bench, comprising six men and three women, represents jurisdictions across Europe and Asia. The members are fluent in English, facilitating hearings and judgments in the language commonly used in international commercial contracts. Additionally, the court has appointed one Arabic-speaking judge, with more expected to join for cases requiring resolution in Arabic. The BICC owes its creation to a groundbreaking treaty signed by Bahrain and Singapore in March, marking an unprecedented joint venture in transnational justice. The court uniquely offers parties the right to appeal to an international committee of the Singapore International Commercial Court (SICC) if the case is in English. Alternatively, appeals from Arabic judgments will be heard by a BICC appellate tribunal. Justice Sanjay Kishan Kaul, born on December 26, 1958, has an illustrious legal career spanning over four decades.
He served as an advocate in Delhi, an Advocate-on-Record at the Supreme Court, and Senior Counsel for the Delhi High Court and Delhi University. Justice Kaul held key advisory roles for the Union of India and the Delhi Development Authority (DDA) before becoming a judge. He served as Chief Justice of the Punjab and Haryana High Court, Madras High Court, and was appointed as a Supreme Court judge in 2017. He retired in December 2023.This initiative reflects Bahrain’s ambition to establish itself as a hub for international dispute resolution. It is supported by “Team Bahrain,” which includes specialists from Bahrain’s Economic Development Board, judiciary, and case management teams of the Bahrain Chamber for Dispute Resolution (BCDR).Justice Kaul’s appointment underscores the global recognition of Indian legal expertise, while the BICC sets a new benchmark for transnational justice by bridging legal practices across nations.