Law of Evidence at Bahrain
The Law of Evidence in Bahrain is primarily governed by Decree-Law No. 14/1996, which pertains to civil and commercial matters. This law has undergone several amendments to enhance the efficiency and clarity of legal proceedings. Notably, Decree-Law No. 28/2021 introduced significant changes, particularly concerning the use of expert evidence in litigation. (Bahrain Decree-Law No. 14/1996 - On the Issuance of the Law of Evidence in Civil and Commercial Matters [Lexis® Middle East], Rules of Evidence and Disclosure of Documents in Civil Proceedings)
🧾 Key Features of Bahrain’s Law of Evidence
1. Types of Admissible Evidence
Written Evidence: Includes official/public documents (e.g., government-issued records) and private documents. Electronic records are also recognized, provided they meet specific conditions outlined in the Electronic Communications and Transactions Law (Decree-Law No. 54/2018) .
Witness Testimony: Generally required in civil matters where the value of the claim exceeds BHD 500, unless the claim is supported by written evidence. Witnesses testify orally, and their statements are recorded in an investigation report signed by them .
Expert Evidence: Parties may appoint experts, even before filing a lawsuit. The court may also appoint experts during proceedings. Experts are expected to provide impartial opinions, and while their findings are considered, the court is not obligated to adopt them .
Oaths: Used as a last resort to settle disputes. A decisive oath can be directed by one party to another, and failure to take the oath may result in losing the claim. A suppletory oath is directed by the court to a party to assist in its judgment .
Inspection: The court may inspect disputed matters or objects, either at its discretion or upon request, and document the findings in a report . (Rules of Evidence and Disclosure of Documents in Civil Proceedings, Legal Update: Amendment to the Law of Evidence – Raees)
2. Presumptions and Res Judicata
Legal Presumptions: Certain facts are presumed by law and do not require further evidence unless countered by the opposing party.
Judicial Presumptions: Derived from the circumstances of the case, these presumptions assist the court in drawing conclusions.
Res Judicata: Final judgments that have acquired the force of res judicata are considered conclusive and cannot be contradicted in subsequent proceedings involving the same parties and subject matter . (Rules of Evidence and Disclosure of Documents in Civil Proceedings)
3. Court's Role in Evidence
Bahrain follows an inquisitorial system, granting judges the authority to actively assess and gather evidence. They can initiate procedures, order the submission of documents, appoint experts, and direct oaths to ensure a fair and just resolution of disputes . (Rules of Evidence and Disclosure of Documents in Civil Proceedings)
⚖️ Recent Amendments and Developments
Decree-Law No. 28/2021: This amendment allows parties to appoint experts before initiating a lawsuit, aiming to streamline proceedings and improve the quality of expert reports. It also permits the use of foreign experts, provided they meet certain criteria .
Government Rejection of Proposed Bill: A proposed bill seeking stricter regulations on court-appointed experts was rejected by the government. The government cited recent reforms and the lack of compelling reasons for further changes, emphasizing the importance of legal stability . (Legal Update: Amendment to the Law of Evidence – Raees, Government denies bill that would have changed evidence law, stating recent reforms and unclear objectives. | Gulf Press)
🌐 International Commitments
In March 2025, Bahrain acceded to two significant international conventions:
1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters: Facilitates the collection of evidence from abroad in cross-border legal matters.
2005 Hague Convention on Choice of Court Agreements: Enhances the recognition and enforcement of exclusive choice of court agreements in civil and commercial matters. (HCCH | Bahrain accedes to the 1970 Evidence and 2005 Choice of Court Conventions)
These accedences, effective from May and July 2025 respectively, align Bahrain with international standards in cross-border legal cooperation . (HCCH | Bahrain accedes to the 1970 Evidence and 2005 Choice of Court Conventions)
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