BCC 217/2009
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Litigation Procedure & Practice, Enforcement of Judgments, Appeals
Copyright
LexisNexis
Decision date
22 Mar 2010
Catchwords
Enforcement – Litigation Procedures – Appeal – Implementation Ruling
This case involved the implementation of a previous ruling. The key point was that there were specific litigation procedures which covered the appeal of an implementation ruling.
Background
An arbitration ruling was issued against a company and it was ordered along with other defendants to pay the claimant (a bank) $11.234.732. The bank started proceedings implementing the ruling and a judge was appointed a judicial guardian in order to sell the company's assets.
The company appealed the decision before the court of appeal. The court upheld the appealed ruling.
Decision
The company appealed the ruling before the court of cassation.
The court stated the decisions issued by the implementation judge should not be considered and the law stipulated there was a special system to appeal these ruling according to Article 257 of the Pleadings Law.
The court said that the company has no right to appeal the decision.