BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
Specialised Bodies The BCDR has mandatory jurisdiction over commer- cial disputes exceeding USD1.3 million. Parties with qualifying awards exceeding USD1.3 million may elect to proceed with enforcement in English before the English-speaking section of the BCDR or in Arabic. The BICC, launched in November 2025, handles inter- national commercial disputes by party consent. Pro- ceedings may be conducted in Arabic or English, and non-Bahraini counsel may represent parties. Criminal matters are heard by criminal courts within the civil system. Administrative disputes are handled by the High Court (Administrative Division). 2.3 Pre-Action Conduct Bahrain does not have mandatory pre-action conduct requirements as part of its litigation regime. No formal pre-action protocols are established under Bahrain’s principal litigation statute, Decree Law No 12/1971 on the Issuance of the Civil and Commercial Procedures Law (CCPL). A claimant may commence proceedings directly by submitting a statement of claim online through the Bahrain portal along with supporting documents, and paying the applicable court fee. There are, however, two limited exceptions or con- siderations. • Contractual pre-action steps: Where a contract expressly provides for pre-action steps – such as mandatory mediation or an obligation to attempt amicable settlement before initiating proceedings – those contractual requirements should be com- plied with. • Notice requirements for certain claims: Some claims may require that a party notify the other side of a breach before commencing legal action. For example, in a contract of sale, a party is generally not entitled to claim damages for late payment unless it has first notified the other party of the breach (unless the contract provides otherwise). Beyond these situations, parties are free to initiate liti- gation without any prior step. Parties may also volun-
tarily appoint an expert before commencing proceed- ings, but this is not a legal requirement. 2.4 Stages of Court Proceedings Filing a Claim Proceedings are initiated electronically by submitting an application to the online court portal in the form of a statement of claim. The claimant must pay a court fee of approximately 2% of the claim amount. Once registered, all parties receive notification along with a copy of the statement of claim and a hearing timetable specifying deadlines for submissions. Case Management Under the case management system, cases must be managed within two months, extendable for an additional two months if necessary. After this period, the case is referred to the competent court circuit to be overseen by a panel of judges. Parties generally appoint experts before filing to adhere to strict time- lines. Hearing The case proceeds to one or more hearings, where parties present evidence, call witnesses and make legal arguments. The court may question witnesses and experts and permit examination. Remote hear- ings are permitted under Ministerial Decision No 114 of 2025. Judgment After considering all evidence and arguments, the court issues its judgment, setting out its findings and any orders, including remedies or damages. Duration Cases before the Court of Minor Causes, with claims not exceeding BHD1,000, take approximately three to six months and are final without appeal. High Court cases take approximately three to six months, appeals take three to six months, and Court of Cassation cases take approximately 12 months. Since the 2022 enforcement reforms, enforcement has become more efficient through private enforce- ment officers and electronic court linkages.
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