Dret mercantil a Bahrain

Legal Framework

Independence of Justice

Justice is not completely independent from the executive power. Because judges are appointed by the King, courts can be subject to governmental pressure.

Equal Treatment of Nationals and Foreigners

Since Bahrain courts respect the principle of party autonomy, contracts or agreements may be subject to foreign law. Dispute resolution is usually done before the courts, but alternative forms of extrajudicial arbitration can be chosen. The interpretation and application of the law sometimes varies according to the ministry, and may depend on the size and connections of the local partner of the investor. Foreign workers may be discriminated against in favor of Bahrainis.

The Language of Justice

In the courts, Classical Arabic is the official language, but the accused, witnesses and lawyers can speak Barhaini Arabic or English when the issue concerns foreigners. In municipalities (local courts) Arabic is always used, with the possibility to use an interpreter. In Sharia courts (which belong to the Sunni branch or Ja'fari branch and handle cases of divorce, marriage, inheritance and child custody), only Arabic is used.

Recourse to an Interpreter

Possible

Sources of the Law and Legal Similarities

Bahrain has a mixed legal system influenced by the British common law, the Egyptian Civil, Penal and Commercial Codes, the Islamic law (sharia) and the custom law.

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