laws

Bahrain Decision No. 28/2023, issued by the Minister of Justice, Islamic Affairs and Waqf, determines the language that can be used in courts and the Bahrain Chamber for settling non-Arabic disputes. This decision is based on various laws and regulations, including the Court of Cassation Law (Bahrain Decree-Law No. 8/1989), the Commercial Companies Law (Bahrain Decree-Law No. [unspecified]), the Judicial Authority Law (Bahrain Decree-Law No. 42/2002), and the Central Bank of Bahrain and Financial Institutions Law (Bahrain Law No. 64/2006). According to Article 1 of the decision, English shall be the language used before the Bahrain Chamber for Settling Disputes in cases that fall within its jurisdiction, if the language of the contract subject to dispute is English. The agreement of the parties to use English in the contract is the basis for using English in litigation. However, if the contract is drawn up in multiple languages, including English, English may only be used for litigation if the contract explicitly states that English prevails in case of discrepancies. Article 2 states that English shall be the language used before the courts if the arbitration language is English. This applies when requesting an order to appoint or disqualify an arbitrator, requesting an order for interim measures, or requesting the execution or invalidation of an arbitral award, provided that the value of the contract or claim exceeds five hundred thousand dinars. Article 3 allows parties to agree in writing to choose English as the litigation language before filing cases falling within the jurisdiction of the Bahrain Chamber for Settling Disputes or other specified cases, subject to certain conditions. Article 4 requires parties to provide certified translations of all documents related to the dispute if they are in a language other than English. The court may hear non-English-speaking litigants or witnesses through an interpreter who takes an oath to interpret accurately and truthfully. The decision also addresses the application of these language provisions to intervening parties, interlocutory requests, counterclaims, and related cases (Article 5). Appeals against judgments and orders issued in English shall be heard in the same language at all levels (Article 6). Bahrain Decision No. 117/2021 on Determining the Language that can be used before the Courts in Non-Arabic Disputes, and the Mechanism and Scope of Application is repealed by this decision (Article 7). The decision is effective from the day following its publication in the Official Gazette, which was on 6 March 2023 (Issued on 14 Shaaban 1444 AH) and will be enforced by the Undersecretary for Justice and Islamic Affairs (Article 8).