BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
Criteria for Recognition Under Article 252 (3) of the Civil and Commercial Pro- cedures Act, the court evaluates the judgment against the following criteria. • Jurisdiction – Bahraini courts must not be compe- tent to hear the case, and the foreign court must have had proper jurisdiction in accordance with internationally accepted standards. • Due process – The parties must have been duly summoned and properly represented. • Finality – The judgment must be final and enforce- able in accordance with the law of the court that issued it. • Public policy – The judgment must not contradict any judgment previously passed by a Bahraini court and must not breach public policy or Sharia law. Reciprocity Reciprocity is considered, with courts assessing whether the foreign jurisdiction would recognise Bah- raini judgments on a similar basis. Foreign law is treated as a matter of fact, which may be established by all means of evidence. Enforcement Reforms Once recognised, the judgment proceeds through local execution procedures. The 2022 enforcement reforms have improved efficiency through licensed private enforcement officers, electronic linkages between courts and government agencies, and the Mazad auction platform for asset sales. Bahrain is also a member of several regional conven- tions, which allow for direct enforcement, such as The GCC Convention for the Execution of Judgments, Del- egations and Judicial Notifications (1995). 9.2 Enforcement of Arbitral Awards The enforcement of domestic and foreign arbitral awards is governed by the Arbitration Law, aligned with the UNCITRAL Model Law.
trial, though courts may order written statements in certain cases. Examination of Witnesses Witnesses are subject to questioning by both parties, but generally these are asked through the presiding judge similar to the inquisitorial system. The court may also ask clarifying questions. Examination tests the witness’s reliability, memory and truthfulness. Evaluation The judge evaluates credibility, considering consisten- cy, demeanour, and corroboration by other evidence. Witness evidence is important but not automatically decisive; it is weighed against all other evidence. 8.5 Expert Evidence Expert evidence is admissible in civil and commercial cases involving technical or specialised knowledge the judge cannot assess unaided. Experts help the court understand complex matters, but the judge is not bound by their opinion. Appointment is either by the court, in which case judges commonly appoint experts to provide neutral, independent advice (these court-appointed experts owe their duty to the court), or by the parties, in which case the parties may suggest experts, but the court decides on their acceptance. Party-appointed experts are less common than in common law systems. Expert Duties Experts must remain impartial and provide clear, truth- ful opinions. Information obtained during their work remains confidential unless the court permits disclo- sure.
9. Enforcement 9.1 Enforcement of Judgments Legal Framework
Foreign judgment recognition and enforcement is gov- erned by the Civil and Commercial Procedures Act. To have a foreign judgment recognised, the party seeking enforcement must file a petition with the appropriate court.
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