The enforcement of foreign civil and commercial judgments in Bahrain is governed by Execution Law No. 22 of 2021. Article 16 of the law sets out the conditions under which Bahraini courts may recognize and enforce foreign judgments. Notably, Bahraini courts will not review the merits of the case, provided certain criteria are met.

These conditions include:

• Reciprocal Treatment: The foreign country must enforce Bahraini judgments under similar conditions.
• Jurisdiction: Bahraini courts must not have had jurisdiction over the case, and the foreign court must have exercised jurisdiction properly under its own rules.
• Procedural Fairness: The parties involved must have been properly summoned and fairly represented in the foreign court proceedings.
• Finality: The foreign judgment must be final and conclusive.
• Public Policy: The judgment must not conflict with a prior Bahraini judgment or violate Bahraini public policy.

While Bahrain is working to streamline cross-border enforcement — including through its accession to key international instruments such as the 2005 Hague Convention on Choice of Court Agreements, which enters into force on 1 July 2025 — local courts still retain discretion to refuse enforcement where doing so would contravene public policy.

Public policy in Bahrain is interpreted as a broad and evolving concept, encompassing the fundamental principles that uphold the political system, social norms, economic order, and moral values of society. In a recent decision, the Court of Cassation (Appeal No. 10/2023/00386/8, hearing dated 20 February 2024) elaborated on this concept, stating:

“Public policy is a relative concept that expands and contracts according to the time, place, and prevailing customs. It exists or ceases to exist in tandem with the public interest. It refers to the set of fundamental principles that uphold the political system, social agreements, economic rules, and moral values upon which the fabric of society is based and through which the public good is achieved. While the concept of public policy is often embodied within legislative provisions, it is not confined by them; rather, it extends to form an absolute concept existing independently. If a legislative text contains a mandatory or prohibitive rule connected to any of these foundations and seeks to serve the public interest — not the interest of individuals — it may not be disregarded or undermined, as it safeguards those associated interests and necessitates the subordination of any conflicting individual interest. It falls naturally within the realm of public policy, whose scope and definition are determined based on these fundamental elements of society, in prioritization and elevation of the public interest over individual interests.”

This interpretation reinforces the idea that, while Bahrain is open to the enforcement of foreign decisions, its courts retain meaningful discretion to safeguard domestic legal values – a factor that should be carefully considered when assessing cross-border enforcement risks.

At ASAR – Al Ruwayeh & Partners, we understand the complexities involved in enforcing foreign judgments in Bahrain. For businesses operating across jurisdictions, the ability to rely on foreign judgments can reduce litigation risk, support commercial certainty, and streamline dispute resolution. However, challenges such as public policy objections or reciprocity issues can present practical and strategic barriers — potentially delaying enforcement or requiring parallel legal action in Bahrain. Our team is well-positioned to guide clients through these processes with clarity and confidence, ensuring their interests are protected while complying with Bahraini law and applicable international frameworks.

For more information, please contact Amal Lari at: asarbh@asarlegal.com