BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Mohamed Al Sari and Raghad Al Matrook, Al Tamimi & Company
Declaratory and Constitutive Judgments The courts may issue declaratory judgments confirm - ing the existence or absence of legal rights or obliga - tions. Under Legislative Decree No (19) of 2001 with Respect to Promulgating the Civil Code (“Civil Code”), the courts have broad powers to declare the rights of parties under contract and law. They may also issue constitutive judgments creating, modifying or termi - nating legal relationships, where permitted by law. Enforcement Orders Once a judgment becomes enforceable, the Enforce - ment Court may issue various orders facilitating exe - cution against the debtor’s assets, including attach - ment and sale orders and directions to third parties holding assets belonging to the debtor. 2.2 Enforcement of Domestic Judgments The enforcement of domestic judgments in Bahrain is governed by the Execution Law and is conducted through the Enforcement Court, which supervises the execution process and has broad powers to compel compliance. Commencing Enforcement The successful party files an enforcement application together with the enforceable judgment. Under Article 10 of the Execution Law, final judgments and judg - ments with provisional enforcement may be executed through the prescribed procedures. The judgment debtor is generally notified and afforded an opportu - nity to satisfy the judgment voluntarily before compul - sory measures are implemented. Attachment of Assets If payment is not made voluntarily, the Enforcement Court may order the attachment of assets belonging to the debtor. Under Article 15 of the Execution Law, certain assets are exempt from attachment, including state-owned property, diplomatic assets, government subsidies, essential household items, and up to 75% of wages and salaries. Execution measures may include attachment of: • bank accounts; • real property; • vehicles;
dissipating assets, providing false information, or fail - ing to make required disclosure may result in criminal penalties, including imprisonment for up to two years and fines ranging from BHD500 to BHD100,000.
2. Domestic Judgments 2.1 Types of Domestic Judgments
Bahraini courts may issue a range of judgments and judicial orders, depending on the nature of the dispute and the procedural stage of the proceedings. Final Judgments The most common form of judgment is a final judg - ment determining the parties’ substantive rights. Final judgments may include: • payment of a specified sum of money; • damages; • declaratory relief; • specific performance of contractual obligations; and • injunctive relief, where permitted under Bahraini law. Interim and Urgent Orders Courts may grant interim relief before or during pro - ceedings where immediate protection is necessary. Under the Execution Law, such orders commonly include precautionary attachment over assets (Arti - cles 52–56) and other interim measures intended to preserve the effectiveness of the final judgment, such as travel bans (Article 40). Interim orders generally remain in effect until they are varied by the court or replaced by the final judgment. Default Judgments Where a defendant fails to appear or otherwise defend proceedings after proper service has been effected, the court may proceed in the defendant’s absence and issue a judgment in absentia based on the evi - dence before it. Such judgments remain subject to the defendant’s statutory rights to challenge or appeal them in accordance with the applicable procedural rules.
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