Bahrain
Answer ... Decree Law No. 19/2001 on the Issuance of the Civil Law (the “Civil Code”) prescribes a set of limitation periods depending on the cause of action. Most claims founded in contract and tort are subject to a limitation period of three years, with a final catch-all limitation period of fifteen years. This warrants additional consideration.
Claims for the voidance of contracts are subject to a catch-all limitation period of fifteen years from the date of concluding the contract, however where voidance is sought as a result of one party’s fraud, mistake or duress, the action is time-barred if not initiated within three years of discovering the mistake or fraud, or from the date the duress is ceased.
Tortious claims, including compensation for unjust enrichment, are subject to a limitation period of three years from the date the damage is realized by the claimant.
However, commercial claims between merchants or commercial companies are subject to a specific ten-year limitation period as prescribed by Article 87 of the Law of Commerce (Decree Law No. 7/1987).
Employment claims where an employee seeks compensation for unjust termination are subject to a thirty-day limitation period from the date of termination. However, a claim for unpaid wages is subject to a limitation period of five years from the date the wages are due.
Bahrain
Answer ... The jurisdiction of the Bahraini courts is addressed by the CCPL under Articles 14-20. Bahraini courts have jurisdiction to hear cases over matters concerning non-Bahraini residents where: (i) the person has elected domicile in Bahrain, (ii) if the action concerns an asset in Bahrain or any obligation arising or performed or to be performed there, or to bankruptcy declared therein, (iii) if the action relates to any matter of personal status and the plaintiff is a national or an alien having domicile in Bahrain, where the defendant has no known domicile abroad, or if Bahraini law is applicable to the action, (iv) if the action is in respect of the kinship of any child resident in Bahrain or stripping custody over himself or the limitation, suspension or revocation thereof, and (v) if one of the defendants has domicile or place of residence in Bahrain. Finally, Bahraini courts may also adjudicate in the action even though it does not fall within their jurisdiction as outlined above where the litigant explicitly or implicitly accepts its jurisdiction and may order provisional and precautionary measures in Bahrain even where the courts do not have jurisdiction to hear the original claim.
Bahrain
Answer ... Class actions are permitted in the courts of Bahrain where there are multiple claimants under one action. The CCPL also allows for the joinder of more claimants and/or defendants, although generally, this would need to be done within the time limits prescribed by the court. Class actions are recognized for various types of claims and are not limited to contractual or tortious liability claims.
Bahrain
Answer ... To commence with litigation, it is required from the relevant party to submit the statement of claim online through the Bahrain portal (www.services.bahrain.bh) along with the relevant documents supporting its claim.
Bahrain
Answer ... After submitting the statement of claim, the relevant party will be required to pay a court fee calculated on the value of the claim being brought forth as part of a procedural requirement. A statement of claim shall contain details of the parties and a summary of the facts of the case with the indication of the loss suffered and the remedy being sought (for example, damages) alongside supporting documents.
Bahrain
Answer ... There are interim measures in our jurisdiction, which can be applied before, during and after judgment has been rendered. The law does not set out timeframes for applying for interim measures, nor does it set out the deadlines for the competent courts to issue rulings on such application. Such measures include precautionary and provisional measures, ban on travel, interim injunctions, and attachment of assets.
Bahrain
Answer ... Security for costs is not recognized in the jurisdiction of Bahrain.