BAHRAIN Law and Practice Contributed by: Noor Al Rayes, Mohamed Al Sari and Raghad Al Matrook, Al Tamimi & Company
Public Policy and Sharia Compliance Enforcement can be successfully challenged if the for - eign judgment, or the remedies it prescribes, violates Bahraini public policy (ordre public), public morals or mandatory principles of Islamic Sharia. In commer - cial disputes, debtors frequently use this to challenge interest components of a foreign ruling. Basis of the Judgment (Fraud and Conflicts) A debtor can challenge enforcement by attacking the fundamental basis upon which the foreign judgment was obtained. If the debtor can show that the foreign ruling was procured through fraud, perjury or the sup - pression of crucial evidence, the High Civil Court will deny recognition. In addition, a debtor can success - fully block enforcement by proving that the foreign judgment irreconcilably clashes with a judgment pre - viously issued by a Bahraini court involving the exact same parties and subject matter. Statute of Limitations While the Execution Law does not contain a specific limitation period written solely for foreign judgments, such judgments are subject to Bahrain’s general statute of limitations. Under Bahraini law, the stand - ard limitation period for civil and commercial claims is 15 years from the date the cause of action (or in this case, the finalised foreign judgment) arose. If a creditor sleeps on their rights and fails to initiate rec - ognition proceedings within this 15-year window, the debtor can raise a limitation defence to have the entire enforcement action dismissed. Appealing Enforcement Orders Within Bahrain Once the High Civil Court rules on the recognition of a foreign court judgment, either party has the right to appeal. If the High Civil Court grants the enforce - ment order, the debtor can file an appeal with the High Court of Appeal within the standard 45-day statutory window, and can subsequently escalate legal errors to the Court of Cassation.
order is final and cannot be appealed, successfully shutting down common debtor stalling tactics. 3.6 Challenging Enforcement of Foreign Judgments Lack of Finality and Active Appeals To challenge enforcement on finality grounds, a debtor can demonstrate that the foreign judgment has not achieved res judicata (absolute finality) in its home jurisdiction. Under Article 16 of the Execution Law, a foreign ruling must be final and no longer subject to ordinary appeal. If an appeal is actively taking place in the foreign jurisdiction, or if the time window to file an appeal remains open, the debtor can halt the enforcement process by proving the judgment remains appealable. Practically, if the creditor fails to produce a valid, uncontested certificate of finality from the originating court, the Bahraini court will reject or stay the recognition application. Jurisdictional Objections A debtor can block enforcement by proving that the originating foreign court lacked proper international jurisdiction under its own laws, international conflict rules or Bahraini law. Bahraini courts will strictly refuse enforcement if the dispute fell under the exclusive jurisdiction of Bahrain’s own courts. For example, any foreign judgment attempting to resolve disputes over real estate located within the Kingdom of Bahrain vio - lates exclusive local jurisdiction, rendering the foreign decree entirely unenforceable. Invalid Service and Due Process Failures Proving defective service of process in the foreign jurisdiction is one of the most common and robust ways to defeat an enforcement application. If the debtor can establish that they were not properly summoned, were not legally served with the originat - ing summons in accordance with the foreign state’s laws, or were denied a genuine opportunity to pre - sent their defence, the High Civil Court will dismiss the enforcement request. This defence is especially potent against default judgments, as the creditor bears the strict burden of proving that the debtor was actively and lawfully served under regional or interna - tional service conventions.
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