Bahrain’s enforcement framework has shifted from a process in which a creditor typically had to sue on a dishonoured cheque, obtain judgment and then commence execution, towards a document-driven system that can permit direct execution.
The Execution Law in Civil and Commercial Matters, promulgated by Legislative Decree No. 22 of 2021 (the “Execution Law”), recognises a broad category of enforceable instruments. It allows other laws to give an instrument executory status, enabling it to enter the execution process without a prior court judgment on the underlying debt.
Law No. 23 of 2025 amended provisions of the Commerce Law. A cheque marked by the drawee bank as unpaid due to insufficient funds, or as partially paid, may qualify as an executive deed, subject to the applicable statutory and procedural requirements.
Direct enforcement does not remove procedure. The cheque holder must serve a statutory seven-day notice, submit an execution request electronically with the required supporting documents and satisfy the requirements for opening an execution file. The Execution Law also provides for enforcement measures against a debtor’s assets, subject to its provisions.
Cheques have long served as payment instruments in Bahrain and have also been used in practice as acknowledgements of debt, security and commercial assurance.
Under the previous enforcement process, a dishonoured cheque did not automatically entitle its holder to proceed directly to execution. The creditor would generally file a civil or commercial claim under the Civil and Commercial Procedures Law, obtain a judgment confirming the debt, and then open an execution file. The process therefore involved two stages: litigation followed by enforcement.
Litigation could involve written submissions, exchange of evidence, expert appointments, adjournments and court scheduling. Even where a claim was not seriously disputed, the creditor still had to complete the procedural steps for ordinary proceedings before reaching execution. After judgment, enforcement could also be delayed by paper-based communications, slower attachment procedures and administrative processes.
The Execution Law introduced structural changes to Bahrain’s civil and commercial enforcement system. It provides for licensed Private Execution Officers, who carry out enforcement tasks under judicial supervision. They must satisfy licensing, training and oath requirements and exercise their functions with the status of public officials.
The law also recognises electronic filing and digital connectivity. Execution requests may be submitted through approved electronic means, and electronic links between the Execution Court and relevant authorities—including the Central Bank of Bahrain and the Survey and Land Registration Bureau—have replaced many paper-based processes.
Article 2 of the Execution Law recognises enforceable instruments beyond traditional court judgments. These include arbitral awards ordered for execution, authenticated documents, court-approved settlements and other documents to which the law grants executory status.
The article describes this last category as a legislative gateway: another law may designate an instrument as executory, allowing it to enter the execution system directly.
The previous law contained a comparable provision in Article 244 of the execution chapter of the Civil and Commercial Procedures Law. The article explains that, in practice, the provision was less effective because designating new instruments as executory required consistency across separate laws. The Execution Law instead created a self-contained system for enforcing instruments to which the law grants executory form.
Law No. 23 of 2025 amended certain provisions of the Commerce Law, issued by Legislative Decree No. 7 of 1987. The amendment changed the treatment of dishonoured and partially paid cheques and operates alongside the Execution Law.
Where a cheque is marked by the drawee bank as unpaid due to insufficient funds, or as partially paid, it may constitute an executive deed capable of direct enforcement, subject to the applicable requirements. The holder may therefore proceed without first obtaining a separate court judgment on the underlying debt.
The change shifts the enforcement inquiry towards whether the document qualifies as an executive deed and whether the execution filing is procedurally complete. It does not make enforcement automatic or remove legal formality. The article describes the framework as seeking to combine faster recovery with procedural safeguards and judicial oversight where required.
Where a cheque qualifies as an executive deed, the holder may serve a statutory seven-day notice and then file an execution request electronically with the required supporting documents. If the debtor does not pay within the notice period, the holder may proceed with the execution filing. The article states that the streamlined execution process typically takes seven days.
Under Article 29 of the Execution Law, seizure measures may be taken automatically against the debtor’s assets upon the execution request, within the limits of the debt. The assets identified in the article include bank accounts, movable assets and real estate.
The debtor must disclose assets within certain periods after notification or awareness of the enforcement action. If the disclosed assets are insufficient, the debtor must provide full disclosure of their financial position. The article states that failure to comply may expose the debtor to criminal liability.
For creditors, the process places greater emphasis on document readiness and completing the execution filing. For debtors, the possibility of enforcement against assets creates a strong incentive to settle promptly.
The article identifies supporting regulatory and technological infrastructure as important to implementing the cheque reforms across financial institutions.
On 1 June 2026, the CBB issued a closed consultation proposing draft implementing resolutions under Law No. 23 of 2025. The proposals are aimed at regulating partial payment of cheques and recording dishonoured cheques in an electronic credit reporting system.
The draft resolutions are presented as a step towards a more consistent operational framework across the banking sector. The article describes their intended role as supporting consistent enforcement practices, improving the accuracy of credit information for financial institutions and reducing administrative burdens on banks, creditors and courts.
The direct enforcement framework changes the recovery process for cheque holders. Instead of beginning with a substantive claim and waiting for a judgment, a creditor may be able to move directly to execution if the cheque qualifies and the statutory prerequisites are met.
This is particularly relevant to banks, suppliers, landlords and commercial parties that rely on cheques in payment and credit arrangements. The seven-day notice gives the debtor an opportunity to pay voluntarily and serves as a procedural precondition to filing the execution request.
The article’s practical message for creditors is to prepare the execution documents promptly and ensure the filing is complete. For debtors, the framework makes timely payment and required asset disclosure important once enforcement begins.
A cheque marked by the drawee bank as unpaid due to insufficient funds may qualify as an executive deed and be enforced directly, subject to the applicable statutory and procedural requirements.
Yes. The article states that a cheque marked as partially paid may constitute an executive deed, subject to the relevant requirements.
No. Direct enforcement remains subject to procedural requirements. The holder must establish that the cheque qualifies for execution and complete the required steps for opening an execution file.
Where the cheque qualifies as an executive deed, the holder may proceed to execution without first obtaining a separate judgment on the underlying debt.
The holder must serve a statutory seven-day notice before filing the execution request. It gives the debtor a final opportunity to pay voluntarily and is a procedural precondition to the filing.
The holder may proceed with filing the execution request electronically, with the required supporting documents, subject to the applicable procedure.
The article states that the streamlined execution process typically takes seven days. The specific timing of a matter will depend on the applicable steps and circumstances.
Article 29 of the Execution Law provides for seizure measures against the debtor’s assets, within the limits of the debt. The article identifies bank accounts, movable assets and real estate.
The article states that seizure measures may be taken automatically upon the execution request, within the limits of the debt.
Yes. The debtor is required to disclose assets within certain periods after notification or awareness of the enforcement action. If the disclosed assets are insufficient, the debtor must provide full disclosure of their financial position.
The article states that failure to comply with the disclosure requirements may expose the debtor to criminal liability.
Article 2 recognises several categories of enforceable instruments, including arbitral awards ordered for execution, authenticated documents, court-approved settlements and other documents to which the law grants executory status.
It allows another law to designate an instrument as directly enforceable. The article identifies qualifying cheques as an example of an instrument that may use this framework.
The creditor would generally file a civil or commercial claim, obtain a judgment confirming the debt and then open an execution file. The process involved litigation first and enforcement afterward.
The article describes reforms including licensed Private Execution Officers, electronic filing, digital connections with relevant authorities and a wider framework for enforceable instruments.
A licensed Private Execution Officer is authorised to carry out enforcement tasks under judicial supervision. The officer must meet licensing, training and oath requirements and exercises the function with the status of a public official.
The article identifies the Central Bank of Bahrain and the Survey and Land Registration Bureau among the authorities connected electronically with the Execution Court.
Yes. Article 244 of the former execution chapter of the Civil and Commercial Procedures Law contained a comparable provision. The article explains that its practical effectiveness was limited because designating new instruments as executory required consistency across separate laws.
Law No. 23 of 2025 amended provisions of the Commerce Law, issued by Legislative Decree No. 7 of 1987, and changed the treatment of dishonoured and partially paid cheques.
No. The article states that the reform does not remove procedural requirements. It shifts the focus towards whether the cheque qualifies for execution and whether the execution filing is complete, while retaining procedural safeguards and judicial oversight where required.
The CBB proposed draft implementing resolutions under Law No. 23 of 2025 concerning the partial payment of cheques and the recording of dishonoured cheques in an electronic credit reporting system.
The article describes them as draft resolutions issued for a closed consultation. It does not state that they had become final resolutions.
The proposals aim to record dishonoured cheques within an electronic credit reporting system and regulate partial cheque payments in a streamlined manner. The article says the proposals are intended to support more consistent enforcement practices and improve the accuracy of credit information for financial institutions.
The article identifies banks, suppliers, landlords and commercial parties that rely on cheques in payment and credit arrangements.
This website version is based on the article “The Transformation of Cheque Enforcement in Bahrain: From Litigation to Direct Execution” and the related Bahrain Trends and Developments page in Enforcement of Judgments 2026,
Hassan Radhi & Associates is one of Bahrain's leading full-service law firms and the exclusive Lex Mundi member firm in Bahrain. Established in 1974, the Firm advises local, regional and international clients across corporate and commercial law, banking and finance, dispute resolution, arbitration, construction, employment, real estate, regulatory matters and other areas of Bahraini law.
Login