BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Fatema Sarhan, Bradley Price and Raghad Al Matrook, Al Tamimi & Company
Domestic Awards Parties apply directly to the competent court. The court verifies the award is valid and enforceable under Bahraini law. Foreign Awards Bahrain is a signatory to the New York Conven- tion, allowing streamlined enforcement. Procedures involve: • submitting a copy of the award and arbitration agreement to the court; • providing certified Arabic translations if necessary; and • for awards exceeding USD1.3 million, applications are transferred to the BCDR, where parties may elect to proceed in English before the English- speaking section or in Arabic. Refusal Grounds for refusal include: • lack of valid arbitration agreement; • procedural irregularity or denial of due process; • the award exceeding the arbitration agreement’s scope; • the award having been set aside in the country where it was made; and • enforcement contravening Bahraini public policy or being contrary to good morals. Timeline Awards are generally recognised or refused, with reasons, within seven to ten days of the hearing. If recognised, the award can immediately be taken to the enforcement court for execution. If refused, the decision can be appealed to the Appeal Court and thereafter to the Court of Cassation, taking approxi- mately two and three months respectively. 9.3 Length of Time Enforcement duration varies depending on case com- plexity and asset availability. Foreign Judgments Enforcement proceedings can take from a few months to over a year, depending on whether refusal grounds are raised and court caseload.
Arbitral Awards Enforcement is typically quicker. Awards exceeding USD1.3 million are transferred to the BCDR, where recognition or refusal typically occurs within seven to ten days of the hearing. Appeals to the Appeal Court take approximately two months, and further appeals to the Court of Cassation take approximately three months. Enforcement Reforms Since the 2022 enforcement reforms, the process has become significantly more efficient. Key improve- ments include the following. • Licensed private enforcement officers – As of mid- 2025, 68 private enforcement firms employing over 200 officers are active, compared to only a handful of court staff previously. • Electronic linkages – Courts are electronically linked with the Central Bank, Survey and Land Registration Bureau, and Ministry of Industry and Commerce, replacing slow paper-based communi- cations. • Mazad auction platform – This platform has replaced court-run auctions, enabling online bid- ding and significantly shortening the timeline for converting seized assets into cash. 9.4 Grounds for Resisting Enforcement A party may resist enforcement on limited grounds. For foreign judgments, these include: • Bahraini courts having jurisdiction to hear the case; • the foreign court lacking proper jurisdiction under internationally accepted standards; • parties not being duly summoned or properly rep- resented; • the judgment not being final and enforceable under the issuing court’s law; and • the judgment conflicting with a prior Bahraini judg- ment or contravening public policy or Sharia law.
For arbitral awards, these include: • lack of valid arbitration agreement;
• procedural irregularity, such as lack of proper notice of arbitrator appointment or proceedings;
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