1. Bahrain Court System
Bahrain's judiciary operates under several key principles: independence, right to a fair trial, public hearings, and right to legal representation.
📚 Key Legislation
- • Civil & Commercial Procedure Law - Court procedures
- • Civil Code - Contracts, torts, obligations
- • Commerce Law - Commercial transactions
- • Evidence Law - Rules of evidence
2. Court Levels & Jurisdiction
| Court | Jurisdiction | Composition |
|---|---|---|
| Minor Civil Court | Claims up to BHD 500 | Single Judge |
| Major Civil Court | Claims above BHD 500 | 3 Judges |
| Commercial Court | Commercial disputes | 3 Judges |
| Court of Appeal | Appeals on fact & law | 3 Judges |
| Court of Cassation | Appeals on law only | 5 Judges |
| BCDR | Commercial/Banking/Real Estate > BHD 500,000 | Arbitrator(s) |
🏛️ Bahrain Chamber for Dispute Resolution (BCDR)
BCDR has jurisdiction over disputes exceeding BHD 500,000 in the following areas:
- • Banking & Finance: Disputes between financial institutions and clients
- • Real Estate: Sale, development, and commercial lease disputes
- • Commercial: B2B disputes between companies
See our Arbitration Guide for more on BCDR procedures.
Court Hierarchy
3. Civil Cases
📋 Types of Civil Cases
- • Contract disputes
- • Property disputes
- • Tort claims (damages)
- • Debt recovery
- • Landlord-tenant disputes
⏱️ Limitation Periods
- • General: 15 years
- • Torts: 3 years
- • Appeal: 45 days
- • Cassation: 45 days
4. Commercial Cases
Commercial courts have jurisdiction over business disputes:
- • Company disputes (shareholders, partners)
- • Commercial contracts
- • Negotiable instruments (cheques, promissory notes)
- • Bankruptcy and insolvency
- • Maritime and aviation matters
5. Litigation Procedures
Prepare Claim
Draft statement of claim, gather evidence and documents
File & Pay Fees
Submit claim to court and pay filing fees (percentage of claim value)
Serve Defendant
Official service of claim on the defendant
Exchange Briefs
Both parties submit written submissions and evidence
Hearings
Court hearings, expert appointments if needed
Judgment
Court issues judgment
📋 Required Documents
- ✓ Statement of Claim
- ✓ Supporting contracts/documents
- ✓ ID/CR documents
- ✓ Power of Attorney (if represented)
- ✓ Evidence of damages
- ✓ Court fee payment
6. Appeals & Cassation
📤 Appeal (Isti'naf)
- • Deadline: 45 days from judgment
- • Scope: Fact and law
- • Effect: Suspends execution
- • New Evidence: May be admitted
⚖️ Cassation (Tamyeez)
- • Deadline: 45 days from appeal judgment
- • Scope: Law only (no facts)
- • Effect: Does not suspend execution
- • Grounds: Legal errors, procedural violations
7. Judgment Enforcement
Once a judgment becomes final, enforcement methods include:
💰 Bank Account Seizure
Freezing and seizing bank balances
💼 Salary Garnishment
Deduction from wages (up to 25%)
🏠 Real Estate Seizure
Attachment and forced sale of property
🚗 Movable Assets
Seizure and auction of assets
✈️ Travel Ban
Preventing debtor from leaving
🔒 Imprisonment
Civil imprisonment for contempt
8. Frequently Asked Questions
What is the deadline for filing an appeal?
45 days from the date of judgment for both appeal and cassation.
What is BCDR's jurisdiction?
BCDR handles commercial, banking, and real estate disputes exceeding BHD 500,000 between companies.
How long does litigation take?
Average: 6 months for first instance since adoption of electronic case management systems. Appeals are typically shorter as cases are already documented. Cassation usually resolves within one year and does not stay enforcement since the appeal judgment is considered final. Bahrain's court system is recognized as one of the fastest in the region.
Need Litigation Support?
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