Use of English language in judicial proceedings
The Minister of Justice, Islamic Affairs and Waqf, H.E. Nawaf bin Mohammad Al Ma’awda, has recently issued Decision No. (28) Of 2023 allowing for the use of the English language before the Courts of Law and the Bahrain Chamber for Dispute Resolution (the “BCDR”) where there is an agreement between the parties to do so prior to the filing of proceedings. This decision replaced Decision No. (117) of 2021 which was the first decision to regulate the use of English in Bahraini courts.
According to the Minister’s decision, if the parties used the English language in the contract upon which their dispute arises that is sufficient to establish grounds for using English language in proceedings before the BCDR in the following cases:
- Where the dispute is between financial institutions licensed under the provisions of the Central Bank of Bahrain; or
- Commercial companies licensed under the provisions of the Commercial Companies Law; or
- International trade disputes involving foreign entities.
Moreover, the above cases may only qualify for the use of English language in proceeding before the BCDR if the value of the claim is more than BD 500,000.
The Minister’s decision also refers to the permissibility of using the English language in proceedings in situations where the parties agree in writing post dispute to use the English language in the proceedings prior to filing their claim before the BCDR. In general terms, this will be permissible provided that:
- The contract subject to dispute is in written form and in a language other than Arabic;
- The parties agreement to use the English language in the event of dispute is set out in the contract and/or the document of claim and/or in the correspondence between the parties; and/or
- In a subsequent agreement between the parties.
The Minister also makes clear that the parties to the dispute may consensually amend the choice of the English language as the language of the proceedings before filing a case is issued and instead use the Arabic language.
The Minister’s decision also confirmed that the English language shall be the language used before the Courts of Law if English is the agreed language of an arbitration clause where the parties:
- Request or contest an order to appoint an arbitrator; or
- Request the Court to order interim measures;
- Request the implementation of an arbitral award; or
- Request an award to be set aside, provided always the value of the claim exceeds BD 500,000.
Commentary
The Minister’s latest decision will help implement and clarify the English language in Bahrain’s courts and the BCDR. Such developments can be seen as part of a wider move to further facilitate commercial and banking transactions in Bahrain. This move is designed to accommodate the requirements of modern international trade, particularly complex commercial and financial arrangements having a cross border impact. These measures should provide additional assurance to international investors and other overseas parties dealing with Bahrain.