Appeals Court Allows BD20,000 Gulf Verdict To Take Effect
The decision came in response to a case filed by a Gulf-based businessman against a local contracting company over unpaid commercial transactions. The court overturned an earlier lower court ruling that had rejected the enforcement request on the grounds that the foreign judgment was not final.
However, appeals judges found the ruling to be conclusive and binding, as the appeal window had passed.
Lawyer Abrar Bukheet, representing the claimant, said her client had initially filed the case in his home country after a business dispute with the Bahraini company's owner.
The foreign court ordered the defendant to pay nearly BD20,000 in penalties and outstanding dues. A retrial request was denied, prompting the claimant to seek enforcement through Bahrain's courts.
The appeals court cited Bahrain's Civil and Commercial Execution Law, which allows enforcement of foreign judgments under reciprocal terms— provided certain conditions are met. These include confirming that Bahraini courts had no jurisdiction over the case, that due process was followed, the ruling was final, and it did not conflict with any previous Bahraini judgment.
The court confirmed that the Gulf ruling met all requirements, including carrying the executory formula and the authority of res judicata. It accepted the appeal, overturned the lower court's decision, and approved enforcement of the foreign judgment within the Kingdom.
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The Supreme Civil Appeals Court has ruled that a BD20,000 judgment issued by a court in a Gulf country in a commercial dispute is enforceable in Bahrain. The decision came in response to a case filed by a Gulf-based businessman against a local contracting company over unpaid commercial transactions. The court overturned an earlier lower court ruling that had rejected the enforcement request on the grounds that the foreign judgment was not final. However, appeals judges found the ruling to be conclusive and binding, as the appeal window had passed. Lawyer Abrar Bukheet, representing the claimant, said her client had initially filed the case in his home country after a business dispute with the Bahraini company's owner. The foreign court ordered the defendant to pay nearly BD20,000 in penalties and outstanding dues. A retrial request was denied, prompting the claimant to seek enforcement through Bahrain's courts. The appeals court cited Bahrain's Civil and Commercial Execution Law, which allows enforcement of foreign judgments under reciprocal terms— provided certain conditions are met. These include confirming that Bahraini courts had no jurisdiction over the case, that due process was followed, the ruling was final, and it did not conflict with any previous Bahraini judgment. The court confirmed that the Gulf ruling met all requirements, including carrying the executory formula and the authority of res judicata. It accepted the appeal, overturned the lower court's decision, and approved enforcement of the foreign judgment within the Kingdom.
