On 13 March 2025, the Kingdom of Bahrain formally deposited its instrument of accession to the 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, marking a significant step in the country’s commitment to enhancing international judicial cooperation. Concluded in The Hague, this multilateral treaty will enter into force for Bahrain on 12 May 2025. Its primary goal is to streamline and standardize the processes of cross-border evidence collection, enhancing the efficiency and predictability of international civil and commercial litigation.
The Hague Convention facilitates the cross-border collection of evidence in civil and commercial matters by providing a formalized mechanism through which judicial authorities in one contracting state can request assistance from their counterparts in another state. This request is made via a Letter of Request, which is used only for judicial proceedings that are already underway or are about to commence. It is important to note that the Convention excludes requests related to the service of process, enforcement of judgments, or protective measures, focusing solely on the collection of evidence.
As part of its accession to the Hague Convention, Bahrain has made two key reservations. First, Bahrain will only accept Letters of Request if they are drafted in English or are accompanied by a certified English translation. Second, Bahrain has opted out of Chapter II of the Convention, which pertains to the taking of evidence by diplomatic officers, consular agents, and commissioners. This exclusion means that Bahrain will not recognize these methods under its application of the Convention, thus limiting the methods available for collecting evidence under the treaty.
The Convention establishes a clear framework for executing Letters of Request. According to Article 9, the requested judicial authority is required to execute the request using its own national procedures, unless a special method is specified by the requesting authority. If a request cannot be executed due to incompatibility with the laws of the requested state or practical constraints, the judicial authority must handle the matter promptly and notify the requesting state accordingly.
Importantly, Article 11 of the Convention safeguards individuals from being compelled to provide evidence if they are legally privileged under the law of either the state of execution or the state of origin. This provision ensures that individuals’ fundamental rights are respected during the evidence collection process.
Bahrain’s accession to the Hague Convention significantly expands its capacity for international legal and judicial cooperation. While Bahrain has previously benefited from regional frameworks such as the Riyadh Arab Agreement and the GCC Convention on Judicial Cooperation, the Hague Convention opens the door to a much broader network of contracting states. This expanded reach provides Bahraini businesses, legal practitioners, and courts with a more comprehensive and reliable framework for requesting and executing cross-border evidence collection. This development will undoubtedly benefit Bahraini legal practitioners and businesses seeking to engage in international commercial litigation or other cross-border legal matters.
At ASAR – Al Ruwayeh & Partners, we are committed to helping clients navigate the evolving landscape of international evidence collection following Bahrain’s accession to the Hague Convention. Understanding the Convention’s practical implications, and Bahrain’s specific reservations, is essential for managing disputes effectively.
Our team is ready to guide you through the new framework to ensure compliance and support your litigation or arbitration strategy.
For more information, please contact Amal Lari
