In a significant milestone, the Court of Cassation in Bahrain has issued its first ruling in English, reflecting the country’s efforts to become a leading international center for dispute resolution. The case involved an $18 million lawsuit between a foreign bank and a local bank, with the local bank successfully defending the case based on the application of English law. The entire legal process, including sessions and arguments, was conducted in English, showcasing Bahrain’s commitment to modernizing its judicial system.
This historic ruling highlights the role of the Supreme Judicial Council in driving Bahrain’s judicial system modernization, led by His Excellency Shaikh Khalid bin Ali Al Khalifa. Lawyer Saad Al Dosari believes that this success sets the stage for broader adoption of English in Bahrain’s court proceedings. Minister of Justice, H.E. Nawaf bin Mohammed Al Muawda, issued Resolution No. 28 of 2023 permitting the use of English in court proceedings and before the Bahrain Chamber for Dispute Resolution, aiming to elevate Bahrain’s status as a leading international dispute resolution center.
Al Dosari emphasized the significance of this judicial precedent, showcasing his law team’s expertise in resolving international disputes in both Arabic and English. He expressed confidence that this achievement will enhance Bahrain’s reputation as a center for resolving international disputes in English and applying English law. The precedent-setting ruling issued by the Bahrain Chamber for Dispute Resolution in November 2023 marked the first judgment delivered in English, reinforcing Bahrain’s position as a major jurisdiction for English litigation.
The lawsuit, originating in 2023, involved a foreign bank filing a claim exceeding $18 million against a local bank represented by Al Dosari. During the trial, Al Dosari successfully argued for the application of English law based on relevant contracts, leading to the dismissal of the plaintiff’s claims under the English law of 1980. The Court of Cassation’s confirmation of the Bahrain Chamber’s decision in favor of Al Dosari’s client further solidifies Bahrain’s position as a jurisdiction embracing litigation in English and matters governed by English law.
This groundbreaking ruling signifies Bahrain’s commitment to modernizing its legal system and attracting international dispute resolution cases. By allowing parties to choose English for litigation when contracts are drafted in English, Bahrain aims to position itself as a leading international center for dispute resolution. The successful defense of the local bank in an $18 million lawsuit using English law sets a precedent for future cases to be conducted in English, showcasing Bahrain’s readiness to adapt to the evolving landscape of international commercial disputes.
