Thoughts – Raees

Judicial Scrutiny of Contracts: Hardship & Unfair Terms

Our Associate Hisham Almansoor discusses how the courts may intervene in contracts in the context of unfair terms, hardship and liquidated damages clauses.

Termination of a Contract: What You Need to Know

Our Associate Fatima Alsayed examines Bahrain’s Civil Code (Decree Law 19/2001) on contract termination, covering rescission, mutual consent, force majeure, and their effects.

Legal Update: Licensing Conditions and Procedures for Trusteeship Activities

Our Associate Nawra Abdulla examines Bahrain’s new regulatory framework for trustee licenses under Decision No. 43/2024, highlighting key provisions, governance standards, and compliance requirements.

The “Fraud Vitiates Everything” Principle

Our Associate Habiba Mokhtar delves into the principle of “fraud vitiates everything,” analyzing its impact on legal transactions, judicial practices and its application in Bahrain and the MENA region.

Takaful Insurance Contracts

Our Associate Budoor Al Halwachi discusses Takaful & Retakaful, examining the key principles, regulatory frameworks and ethical considerations behind Islamic insurance models.

Implementation of Tax on Multinational Enterprises in Bahrain

Our associate Fatima Alsayed discusses Bahrain’s new Domestic Minimum Top-Up Tax for multinational enterprises with high revenues, effective in January 2025.

Employee vs. Consultant: Navigating the Legal Fine Line to Avoid Misclassification

Our associate Habiba Mokhtar, discusses the risks of misclassifying employees as consultants in Bahrain, which can lead to costly lawsuits, fines and legal liabilities due to violations of the Labour Law.

Key Updates to Bahrain’s Commercial Registry Framework

Our associate Budoor Al Halwachi, highlights key updates to Bahrain’s Commercial Registry framework, including changes in penalty structures, registration renewals & reinstatements.

Legal Update: New Financial Obligations for Commercial Entities in Bahrain

Our associate Nawra Abdulla, highlights Bahrain’s new Ministerial Resolution No. 43/2024 and its impact on financial transactions for commercial entities.

Legal Update: Permissible Business Activities for Companies with Foreign Capital

Our associate, Hisham Almansoor, discusses the recent amendments to Bahrain’s regulations on foreign-owned companies and the changes to authorized distributor exemptions.

The Bearer’s Right of Recourse

Our Associate Fatima Alsayed explains the bearer’s right of recourse in cheque transactions under Bahrain’s Law of Commerce and its role in ensuring secure financial exchanges.

Anti-Commercial Fraud Law

Our Associate Nawra Abdulla highlights Bahrain’s Anti-commercial Fraud Law, designed to protect consumers and ensure fair trade while imposing strict penalties to combat fraud and enhance business security.

Russian Roulette Clauses: A Strategic Solution for Deadlock Situations in Joint Ventures

Our Associate Budoor Al Halwachi discusses the effectiveness of Russian roulette clauses in resolving deadlocks in 50:50 joint ventures, particularly in the context of geopolitical uncertainty.

Legal Update: New Framework Regulating Online Businesses in Bahrain

Our associate Habiba Mokhtar highlights the new online business regulations from the Bahraini Ministry of Industry & Commerce under Ministerial Resolution No. 51/2024, which expand activities and drive growth.

The “Abuse of Right” Doctrine

Our Associate Hisham Almansoor examines the ‘abuse of right’ doctrine in Bahraini law, delving into its origins and implications supported by insights from relevant case law.

Legal Update: Establishment of The International Commercial Court in Bahrain

Our Associate Fatima Alsayed, discusses the establishment of the International Commercial Court in Bahrain & its role in resolving cross-border disputes

An overview of Trade Secret Law in Bahrain

Our Associate Nawra Abdulla explores the essential framework of Trade Secret Law in Bahrain, detailing how it protects confidential business information and fosters innovation through robust legal mechanisms and proactive measures.

Statutes of Limitation in the Context of Civil Litigation

Our Associate Habiba Mokhtar writes about the main framework of statutory limitations governing civil claims and discusses practical considerations, emphasizing the need for timely legal action

New Ministerial Decision No.29 of 2024 for Authorized Distributors in Bahrain

Our Associate Budoor Al Halwachi shares insights on how the newly introduced Ministerial Decision No. 29 can enhance your business operations.

Tracing Uncodified Legal Principles

Our Associate, Hisham Almansoor discusses how the Civil Code treats ‘sources of law’ & delves into two uncodified legal principles affecting contracting parties.

Enforcement of Foreign Judgments and Arbitral Awards

Our Associate, Fatima Alsayed delves into the enforcement of foreign judgments and arbitral awards in Bahrain.

Thought Leadership

Judicial Scrutiny of Contracts: Hardship & Unfair Terms

Termination of a Contract: What You Need to Know

Legal Update: Licensing Conditions and Procedures for Trusteeship Activities