Remote Hearings in Bahrain: Key Considerations for Corporate and Cross-Border Litigants

The Ministry of Justice and Islamic Affairs has issued Decision No. 114 of 2025, introducing a formal regulatory framework for the conduct of remote court proceedings in Bahrain. The Decision applies to civil, commercial and criminal matters and permits hearings to be conducted fully or partially by electronic means, including participation from inside or outside the Kingdom.

While the framework expands procedural flexibility, it preserves judicial discretion to require physical attendance where necessary. For corporate litigants and multinational parties, remote hearings present potential efficiency gains alongside new procedural and tactical considerations that should be assessed at an early stage of any dispute.

Scope of the New Framework

Under Decision No. 114, parties may request remote proceedings at the time of filing or at any stage of litigation. Courts may also direct the use of remote hearings on their own initiative, including to expedite proceedings. Where the court mandates remote procedures, applicable fees are waived.

All filings and court communications must be submitted through Bahrain’s national e-government platform, ensuring procedural traceability and formal compliance.

Potential Advantages for Corporate and Multinational Parties

Remote participation may offer efficiency and cost benefits in appropriate cases, particularly where:

• Hearings involve procedural applications, interim relief, or discrete legal issues.
• Live evidence is limited.
• Directors, executives, in-house counsel, or experts are based outside Bahrain.

The Decision expressly permits participation from any jurisdiction and allows for remote witness examination in accordance with defined technical standards. This can reduce travel-related disruption and assist companies in maintaining business continuity during ongoing litigation.

Judicial Discretion and the Role of In-Person Hearings

Remote participation is not an automatic entitlement. Decision No. 114 preserves the court’s authority to require physical attendance at any stage of proceedings where necessary to ensure procedural compliance, effective case management, or fairness.

In practice, in-person hearings may remain preferable in matters involving complex valuation evidence, lengthy multi-party trials, credibility-driven witness testimony, or sensitive settlement discussions. Corporate litigants should therefore anticipate that judges may require in-court attendance depending on the nature and complexity of the dispute.

Cross-Border Participation and Procedural Formalities

For foreign and regional parties, the framework’s express allowance for cross-border participation is a significant development. However, remote participation remains subject to local procedural requirements, including:

• Mandatory use of the national e-government platform
• Compliance with Bahraini filing formats, language rules, and evidentiary standards

Early coordination with local counsel is essential to ensure submissions and evidence are not exposed to procedural challenge.

Confidentiality and Data Security Considerations

Remote hearings are generally public unless the court orders otherwise for reasons such as confidentiality, public order, or the protection of victims, witnesses, or family privacy.

Recording or distributing remote hearings is strictly prohibited. Proceedings are electronically recorded by the court and retained for a limited period. Corporate parties should assess internal information-security protocols, ensure secure handling of sensitive documents, and adopt clear procedures for sharing materials with remotely participating witnesses or experts.

Practical Preparation and Tactical Considerations

Effective remote participation requires advance preparation. Corporate litigants should:

• Centralize document management in a court-compliant digital format.
• Conduct technical rehearsals for witnesses and key participants.
• Designate a coordinator to manage connectivity, exhibits, and real-time issues.
• Brief executives and witnesses on courtroom decorum and evidentiary protocols.

When requesting remote hearings, parties should clearly articulate efficiency benefits, procedural safeguards, and contingency plans for technical disruption. Conversely, where physical presence offers a tactical advantage, parties may strategically resist remote participation.

Key Takeaways

• Decision No. 114 establishes a formal framework for remote court proceedings in Bahrain
• Participation from outside Bahrain, including for witnesses, is expressly permitted
• Courts retain broad discretion to require in-person attendance
• Procedural compliance, confidentiality, and technical readiness are critical
• Remote hearings should be assessed as part of a broader dispute strategy, rather than assumed as default

How ASAR Can Assist

We assist clients in assessing when remote hearings may be appropriate, preparing compliant electronic filings, and addressing procedural and technical requirements where parties, witnesses or experts participate remotely, including in cross-border matters.

If you have questions about the procedural implications of remote hearings in Bahrain, please contact: asarbh@asarlegal.com

*Legal Reference: Ministry of Justice and Islamic Affairs Decision No. 114 of 2025 concerning the regulation of remote litigation procedures, issued in the Kingdom of Bahrain.