Better, Faster, Leaner – Bahrain unveils blueprint for improved justice system

The Kingdom of Bahrain has been putting great efforts into the constant modernization and decongestion of its judicial system, both with general overhauls (e.g., Execution Law in Civil and Commercial Matters in 2021) and by adding new features to an already established alternative dispute resolution (ADR) offering (such as the adoption of a legal framework regulating mediation – including in eligible criminal matters - in 2020).

As part of the same drive, on 25 February 2023 the President of the Court of Cassation unveiled the 2023 strategic plan for justice, outlining the Bahrain Government’s core objectives and how these objectives will be attained.

Quality of judgments and promptness of adjudication

The strategic plan cites the quality of judgments and the expeditiousness of case adjudication as key targets.

This is expected to be achieved through training, including practical guidance addressed to judges, and through the adoption and monitoring of quality performance indicators on the activity of civil, commercial, criminal, labour, insolvency, and Sharia Courts, as well as of Execution Court and the Court of Urgent Matters. There will also be training for lawyers in cooperation with the Institute of Judicial and Legal Studies.

International standing

Amongst the objectives of the strategic plan is the stated intention to make Bahrain a favourite forum for resolving disputes through international arbitration and by bolstering the recourse to and availability of mediation.

International attractiveness will be stimulated by promoting, to a certain extent, the use of English as a working language in the Courts of Bahrain, in addition to the current possibility of using English in proceedings in the Bahrain Chamber for Dispute Resolution (BCDR), if agreed by the parties.

Streamlining the activity of the Bankruptcy Courts 

Another key objective concerns the development and streamlining of the work carried out by the Restructuring and Bankruptcy Courts. This is expected to be achieved with the introduction of a certain degree of automation in the Court’s processes, the establishment of practice notes on the implementation of the Bankruptcy Law (Law No. 22/2018), and the training and appointment of specialist insolvency judges.

Dematerialisation 

It is anticipated that all judgments issued by the Courts of Bahrain will be uploaded, along with other legal resources, onto an electronic legal library, though the extent to which these resources will be made available to the public is unclear at this stage.

These are all initiatives that will be positively received by the business and legal community and bode well for Bahrain’s aspirations as a jurisdiction of choice for dispute resolution.