Litigation update: English language approved at the courts of Bahrain

According to Resolution No. 117 of 2021 issued by the Minister of Justice, litigation disputes at the courts of Bahrain can be conducted in the English language, subject to the following conditions:

a.The parties agree to use English as the chosen language before the courts of Bahrain prior to the dispute.

b. The contract is drafted in a language other than Arabic.

c. The agreement under (a) above, is incorporated within the contract or within the exchanged communications or in a separate agreement.

d. The case value must exceed BHD500,000.

e. The courts of Bahrain enjoy jurisdiction.

If the judgments and orders issued were issued in English, the appeals must be issued in the same language. Certified translation is required for all documents that are in a language other than English.

Commentary: This is a welcome development for the courts of Bahrain and for the Kingdom of Bahrain overall and reflects the common use of the English language in Bahrain. Increasingly, foreign individuals and businesses are looking to invest in Bahrain and embracing a universal language, such as English, can only increase confidence in this country and its judiciary system. Bahrain is a pioneer in the development of legal systems so we expect other countries in the region to follow.

At Al Doseri Law, our litigation team is fully capable of advising on the pre-disputes stage and handling disputes (litigation, arbitration and mediation) in the English language. For more information on our services, please click here.

Effective date: After the lapse of six months (i.e. April 2022).