BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Mohamed Al Sari and Raghad Al Matrook, Al Tamimi & Company
Al Tamimi & Company Office 13B, 13th Floor PO Box 60380
Bahrain Financial Harbour Suite 1304, Building 1459 Manama Bahrain Tel: +973 1710 8919 Fax: +973 1710 4776 Email: info@tamimi.com Web: www.tamimi.com
1. Identifying Assets in the Jurisdiction 1.1 Options to Identify Another Party’s Asset Position Publicly Available Information Bahrain does not have a general pre-action disclosure regime allowing a party to investigate another person’s assets before commencing proceedings. Instead, parties typically rely on publicly available information and court procedures to identify assets. The Execu - tion Law (Decree Law No 22 of 2021 on Civil and Commercial Execution) (“Execution Law”) governs enforcement procedures, including the mechanisms for asset identification. Public sources include: • the commercial register maintained by the Ministry of Industry and Commerce; • the real estate register maintained by the Survey and Land Registration Bureau (subject to applica - ble access requirements); and • the register of security interests over movable assets. While these registers may identify assets or corporate interests, they do not provide a complete picture of a
Under Articles 52 to 56 of the Execution Law, precau - tionary attachment may be obtained where the credi - tor has an executory title or enforceable judgment, or where the debt is ascertained and due. The applicant must establish a prima facie claim and demonstrate the need for urgent protection. The court may also require the applicant to provide security. Asset Identification During Enforcement Following an enforceable judgment, the Enforcement Court has broader powers to assist judgment creditors in locating assets. Under Article 32 of the Execution Law, the Enforcement Judge may direct inquiries to the judgment debtor’s relatives, agents, employees or business associates, or to any third parties suspected of holding assets on the debtor’s behalf. The court may request information from governmental authori - ties, financial institutions and other relevant entities to identify assets available for execution. Other Lawful Means Parties may also rely on: • information disclosed during litigation; • contractual documentation; • information obtained through insolvency proceed - ings, where applicable; and • information held by regulatory authorities where disclosure is authorised by law or court order. Any asset investigations must comply with Bahrain’s data protection, confidentiality and privacy laws. Under Article 58 of the Execution Law, concealing or
person’s financial position. Interim Protective Measures
Where there is a risk that assets may be dissipated before judgment, the Bahraini courts may grant pre - cautionary attachment orders over identifiable assets.
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