Enforcement of Judgments and Foreign Court Judgments in Civil Proceedings
Overview
Bahrain comprehensively overhauled its enforcement regime in 2021 with the introduction of Bahrain Decree-Law No. 22/2021 On the Promulgation of the Execution Law in Civil and Commercial Matters (the “Execution Law”).
Bahrain Decree-Law No. 22/2021 enhances and consolidates enforcement procedures in Bahrain, repealing Chapter 8 of Bahrain Decree-Law No. 12/1971 On the Issuance of the Civil and Commercial Procedures Law, which previously governed execution procedures in Bahrain, and bringing together rules relating to the enforcement of domestic and foreign judgments, and those relating to arbitral awards and corporate insolvency procedures.
Practical Guidance
Identification of Assets
One of the most important issues when bringing civil proceedings, particularly in respect of those seeking a monetary remedy, is the identification of assets that would be available for enforcement.
It is sensible to conduct such an exercise at an early stage, preferably in advance of the issuance of proceedings, and for this to be refreshed regularly, in order that precautionary measures can be taken should it appear that assets are being dissipated, for example by way of injunctive relief through the court of urgent matters.