BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
2.5 Confidentiality Court proceedings in Bahrain are generally public, consistent with the principle of open justice. However, courts may hold hearings in private on their own initia- tive or upon request for recognised reasons, including public order, public morals, family privacy or protec- tion of victims, witnesses, or informants. Under Ministerial Decision No 114 of 2025, remote hearings must also be public unless the court decides otherwise. Parties may request private hearings to protect com- mercially sensitive information or trade secrets, and the court has discretion to grant such requests. 2.6 Interim Relief Types of Interim Relief Interim relief refers to temporary measures granted before final judgment to protect a party’s interests. Common types in Bahrain include: • prejudgment attachments and freezing orders – the Court of Execution may attach assets to prevent dissipation, but certain assets, including family dwellings, essential furniture, staff salaries and public property, are exempt; • travel bans – courts may prevent individuals from leaving Bahrain; • appointment of receivers – courts may appoint receivers to manage disputed assets; • preservation of evidence – the Court of Urgent Matters may order preservation of evidence likely to be lost; and • injunctions – though uncommon, courts may order specific performance or prohibit certain actions. Frequency of Use Interim relief is commonly sought in commercial dis- putes where immediate action is needed to prevent harm. Courts consider urgency, balance of convenience and likelihood of success. Bahraini courts have broad jurisdiction to grant interim remedies, including in sup- port of proceedings abroad.
2.7 Final Relief In commercial disputes, courts may grant the follow- ing types of final relief: • monetary compensation (damages) – payment for losses caused by breach or wrongful act, calcu- lated on actual loss; • injunctions – orders requiring a party to do or refrain from doing something; • specific performance – requiring fulfilment of con- tractual obligations where possible; • declaratory relief – court statements confirming the parties’ rights or obligations; and • rescission or termination – cancelling contracts where lawful grounds exist, such as breach or misrepresentation. Courts aim to restore the injured party to the posi- tion they would have occupied had the breach not occurred. The Civil Code focuses on compensating actual loss rather than punishment. 2.8 Damages Courts assess damages based on actual loss suffered. Under the Civil Code, recoverable damages include: • direct losses – financial losses directly caused by the breach or unlawful act; • consequential losses – losses naturally arising from the breach that were foreseeable; • moral damages – compensation for non-material injury, including harm to reputation, honour or emo- tional wellbeing (moral damages arising from death may only be claimed by the spouse or relatives up to the second degree); and • agreed damages (penalty clauses). Courts do not award punitive damages; the focus is compensation. Damages must be proven with evi- dence such as contracts, invoices or expert reports. Where precise calculation is impossible, courts may estimate based on available evidence. Parties may contractually agree damages payable upon breach. However, courts may reduce agreed damages if grossly excessive or if the principal obli- gation has been partially performed.
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