Decision: Ministry of Justice, Islamic Affairs and Awqaf – Decision No. (114) of 2025 On Regulating the Procedures of the Remote Litigation Service
Issued: 28 December 2025 (effective from the day following its publication in the Official Gazette)
Executive Summary
Bahrain has issued Resolution No. (114) of 2025 regulating remote litigation procedures for civil, commercial and criminal matters, allowing proceedings to be conducted fully or partially using remote communication and/or electronic means. Remote participation may take place from within the courtroom or outside it, and from anywhere inside or outside the Kingdom of Bahrain, subject to the court’s supervision and the applicable procedural rules.
Legal Basis
The Decision is issued pursuant to, and operates alongside:
- Article (62) (bis) of the Civil and Commercial Procedures Law (Decree-Law No. 12 of 1971, as amended)
- Articles (218) (third paragraph) and (411) (bis) of the Criminal Procedure Law (Decree-Law No. 46 of 2002, as amended)
It also references Bahrain’s framework on personal data protection, electronic transactions, and prior decisions governing electronic service/notifications and electronic dealings in judicial processes.
Scope of Application
- Applies to remote litigation in civil, commercial and criminal cases, in whole or in part, either:
- upon a party’s request, or
- on the court’s own initiative.
- The court retains full authority to require in-person attendance at any stage, either on its own initiative or at the request of a party, in accordance with the applicable procedural laws.
How the Remote Litigation Service is Selected (Civil/Commercial)
- In civil and commercial cases, the claimant may select remote litigation at the filing/registration stage, or any party may select it during the proceedings, through the approved services bundle on the National eGovernment Platform, and pay the prescribed service fee.
- If the court orders remote litigation on its own initiative (fully or partially) to facilitate and expedite proceedings, the parties are exempt from the service fee.
Key Procedural Features
- Remote Attendance: Parties, counsel, and—where permitted—witnesses may participate remotely via approved means, subject to the court’s management of the hearing.
- Automatic Participation for Other Parties: If one party uses the remote litigation service, the other parties (and their counsel)—even if they did not request the service—may attend remote sessions automatically.
- Court Control of the Session: The presiding judge remains responsible for controlling and managing the hearing and may apply the procedural measures available under the civil/commercial or criminal procedure rules, adapted for remote conduct.
- Public Hearings Principle: Remote hearings must be public, unless the court decides (on its own initiative or upon request) to hold them in camera for legally recognised reasons (public order, public morals, family privacy, protection of victims/witnesses/informants, or other legally prescribed grounds).
- Witness Testimony / Interrogation: The court may hear witnesses and conduct interrogations remotely, subject to specific guidance issued under the Decision.
- Service/Attendance/Orders: Rules on service, attendance/absence, hearing procedure, and issuance of judgments remain governed by the existing procedural laws and implementing decisions, adjusted to the nature of remote litigation.
Recommended Next Steps
- Map active matters that could benefit from remote attendance (especially where key stakeholders are abroad).
- Ensure e-filing workflows and document management are ready for fully digital submissions.
- Implement internal guidance for remote hearing etiquette, confidentiality, and technical readiness.
How Can Al Tamimi Help?
Their team can advise on the practical and procedural implications of Bahrain’s remote litigation service under Resolution No. (114) of 2025, including eligibility and implementation, e-filing and document submission requirements, hearing protocol and compliance (including confidentiality and non-recording obligations), and cross-border attendance considerations. They can also support with case-specific strategy on when to seek remote hearings versus in-person proceedings.
Key Contacts
Noor Al Rayes, Partner, Head of Litigation - Bahrain, n.alrayes@tamimi.com
Fatema Sarhan, Senior Associate, f.sarhan@tamimi.com
Reem Altaraif, Associate, r.altaraif@tamimi.com