BAHRAIN Trends and Developments Contributed by: Sayed Mohsin Al Alawi, Mohamed Ali Shaban, Amna Al Janahi and Yasmeen Jawahery, Hassan Radhi & Associates
matters, or where administrative delays arose, the process from dishonour to enforceable judgment could extend for a considerable period. Even where the claim was not seriously disputed, the creditor still had to satisfy the procedural requirements of ordinary proceedings before reaching the enforcement stage. Once judgment was obtained, enforcement itself pre - sented further challenges. The previous system relied heavily on paper-based communication between the Execution Court, banks and public authorities. Attach - ment procedures were slower, enforcement tools were more limited, and administrative delays were common. As a result, a dishonoured cheque could take years to translate into actual recovery, even if the debtor was solvent. Evolution of Bahrain’s enforcement framework The difficulties associated with cheque enforce - ment reflected wider limitations in Bahrain’s former civil and commercial enforcement system, which was designed for a smaller and less complex economy and was increasingly unable to meet the needs of modern commercial activity. The Execution Law introduced important structural reforms. One of its key innovations was the frame - work for licensed Private Execution Officers, who are authorised to carry out enforcement tasks under judi - cial supervision. These officers must satisfy licens - ing, training and oath requirements, and exercise their functions with the status of public officials. The law also modernised enforcement procedure by recognising electronic filing and digital connectivity. Execution requests may now be submitted through approved electronic means, and electronic links between the Execution Court and relevant authorities have replaced many of the paper-based processes that previously delayed enforcement. These authori - ties include the Central Bank of Bahrain and the Sur - vey and Land Registration Bureau. Most importantly, the Execution Law adopted a broader concept of enforceable instruments. Article 2 recognises execution deeds beyond traditional court judgments, including arbitral awards that have been ordered for execution, authenticated docu -
ments, court-approved settlements, and any other document to which the law grants executory status. This final category is particularly important because it allows other statutory instruments, including qualify - ing cheques, to enter the execution system directly where the relevant law gives them that effect. It is worth noting that the former law contained a com - parable provision. Article 244 of the execution chapter of the previous Civil and Commercial Procedures Law, now repealed by the Execution Law, provided that the execution courts had jurisdiction to enforce judg - ments and decisions issued by courts of all types and degrees, with execution carried out under the supervi - sion and oversight of the execution judge unless the law provided otherwise; it further permitted execution by virtue of authenticated documents, court-ratified settlement records, and other instruments to which the law granted such character. In practice, however, that provision was not entirely effective, because the necessary legal foundation was not yet in place. As execution formed part of the Civil and Commercial Procedures Law, designating a new instrument as an executory document required consistency across numerous separate laws. By contrast, the Execution Law established a complete, self-contained system ready to enforce any instrument on which the law con - fers executory form. The enforcement question has therefore changed. It is no longer limited to whether the creditor can prove the underlying debt through ordinary litigation: the focus is now whether the document qualifies as an execu - tive deed and whether the procedural requirements for opening an execution file have been satisfied. The turning point of cheque enforcement: Law No 23 of 2025 The significance of Article 2 of the Execution Law became clearer with the promulgation of Law No (23) of 2025, which amended certain provisions of the Commerce Law issued by Legislative Decree No (7) of 1987. The amendment changed the legal treatment of dishonoured and partially paid cheques in a manner that directly interacts with Bahrain’s modern execution framework.
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