BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
8. Evidence 8.1 Disclosure Civil Law Approach
ing or giving legal advice are generally protected from disclosure. • Waiver – Privilege may be waived if the document is voluntarily disclosed or used inconsistently with confidentiality. • Limitations – Privilege does not extend to commu- nications made for illegal purposes or documents unrelated to legal advice. This framework protects sensitive legal communica- tions while ensuring courts can access genuinely rel- evant documents. 8.3 Confidentiality Bahrain recognises the right to withhold evidence on confidentiality grounds, particularly for sensitive busi- ness information, trade secrets or personal data. Con- fidentiality rights are rooted in privacy principles and protection of proprietary information. Recognised exceptions include the following. • Legal proceedings – Parties may be compelled to disclose if required by law or court order, particu- larly where information is essential to determining the dispute. • Public interest – Confidentiality may be overridden where disclosure serves a significant public inter- est, such as preventing harm or addressing public safety. • Written waivers – Parties may explicitly agree to waive confidentiality. This framework balances confidentiality with justice and transparency principles. 8.4 Witness Evidence Presentation of Witness Evidence Witnesses provide testimony in civil and criminal cas- es to help the court understand the facts. Their state- ments are evaluated alongside documents, expert reports, and other material. Witness evidence is gen- erally given orally, directly to the judge. Witness Depositions Bahrain does not have a formal pre-trial deposition system. Witness statements are usually taken during
As a civil law jurisdiction, Bahrain’s approach to docu- ment disclosure is more limited than in common law systems. Unlike common law jurisdictions, Bahrain does not impose a general duty of discovery. Parties are not required to disclose all potentially relevant documents. Document Production in Litigation Parties must produce documents they rely upon to support their claims or defences. A party may request the court to order the other party to produce specific documents that are relevant to the dispute and can be identified with sufficient precision. Courts have discre- tion to grant or refuse such requests, and orders for disclosure are rare in practice. Burden of Proof Each party is expected to gather and present the evidence necessary to support their case. The focus is on the burden of proof rather than comprehensive disclosure. No Fishing Expeditions Courts will not order broad or speculative document requests. Requests must be specific and targeted. International Arbitration Document production in international arbitration is governed by the applicable arbitral rules. The IBA Rules on the Taking of Evidence provide a balanced framework, requiring parties to submit requests that describe documents or categories with specificity. Documents must be relevant to the case and material to its outcome. This approach aims to curtail fishing expeditions while accommodating parties from both civil and common law traditions. 8.2 Privilege Certain documents may be withheld on grounds of legal privilege. • Legal Professional Privilege – Communications between client and lawyer for the purpose of seek-
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