BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Mohamed Al Sari and Raghad Al Matrook, Al Tamimi & Company
Under Article 32 of the Execution Law, the Enforce - ment Judge may direct inquiries to identify assets. The court may request information from governmen - tal authorities, financial institutions and other relevant entities concerning assets capable of execution. The debtor is also required under Article 24 to disclose all assets, whether held personally or by third parties, and must disclose any changes to such assets within seven days of any change occurring. These inquir - ies are conducted through official channels under the supervision of the Enforcement Court rather than through unrestricted discoveries by the creditor. The effectiveness of these procedures depends large - ly on the nature of the assets and the availability of information within Bahrain. Where assets are located outside Bahrain, separate recognition and enforce - ment procedures may be required in the relevant for - eign jurisdiction. 2.5 Challenging Enforcement of Domestic Judgments Judgment debtors may challenge enforcement through procedural and substantive mechanisms pro - vided under Bahraini law. The Execution Law estab - lishes specific procedures for raising objections and disputes during the enforcement process. Procedural Challenges A debtor may object to enforcement on procedural grounds, including: • lack of proper service of the original proceedings; • defects affecting the enforceability of the judgment; • satisfaction or settlement of the judgment debt; or Where the judgment remains subject to appeal, the debtor may seek suspension of enforcement where permitted under the applicable procedural rules. Under the Execution Law, grievances against enforce - ment orders may generally be filed within seven days of notification, and appeals may be filed within pre - scribed timeframes. The granting of a stay is not automatic and gener - ally depends on the circumstances of the case and • errors in the enforcement process. Appeals and Stay of Enforcement
whether immediate enforcement would result in sub - stantial prejudice. Enforcement Disputes The Enforcement Court also determines disputes aris - ing during execution, including competing claims to attached assets, objections by third parties and dis - putes concerning the scope of enforcement meas - ures. 2.6 Unenforceable Domestic Judgments Most final domestic judgments issued by Bahraini courts are enforceable once they satisfy the applica - ble procedural requirements under Article 10 of the Execution Law, which permits the enforcement of final judgments and judgments with provisional enforce - ment. Certain decisions, however, may not be immediately enforceable, including: • judgments that have not yet become enforceable under procedural law; • interlocutory decisions that do not constitute enforceable orders; • judgments suspended by a court pending appeal; and • orders whose enforcement depends upon the fulfilment of specified conditions that have not yet occurred. Certain declaratory judgments establish legal rights without requiring compulsory execution. While such judgments are legally binding, they may not require enforcement measures because they do not impose obligations capable of execution. 2.7 Register of Domestic Judgments Bahrain does not maintain a publicly accessible cen - tral register containing all civil judgments issued by its courts. Court records are maintained within the judicial sys - tem, and enforcement proceedings are administered through the Enforcement Court. Access to case information is generally restricted to the parties, their authorised representatives and other people with a recognised legal interest.
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