Lawmakers propose stricter rules for judge recusals in civil and commercial cases

TDT | Manama

The Daily Tribune - www.newsofbahrain.com   

A proposal to amend Bahrain’s Civil and Commercial Procedures Law is currently being reviewed by the Legislative and Legal Affairs Committee of the House of Representatives. The proposed amendment aims to strengthen the rules surrounding judge recusals, particularly in cases where a judge may have a conflict of interest. The proposed amendment would replace Article 183 of the current law, outlining five specific scenarios where a judge would be deemed ineligible to preside over a case, even if not challenged by the parties involved.

The proposal states that a judge would be ineligible to preside over a case if they are related to a party in the case up to the fourth degree of kinship, or if the judge is an agent, guardian, or trustee for a party, or if any of these legal roles are held by someone related to the judge up to the fourth degree of kinship. Ineligible Additionally, a judge would be ineligible if they or their relatives up to the fourth degree, or anyone they represent as an agent, guardian, or trustee, has a personal interest in the case.

The proposal also states that a judge would be ineligible if they have previously provided legal advice or represented a party in the case, even if this occurred before their judicial appointment, or if the judge has previously acted as a judge, arbitrator, witness, or expert in the case. Further, a judge would be ineligible if they have previously ruled on the admissibility of a counterclaim in the case.

Finally, a judge would be ineligible if they have formed an opinion on the case due to prior involvement as a judge, arbitrator, witness, or expert. Clarity and transparency The proposal, submitted by MPs Khalid Buanaq, Ahmed Al Salloom, Abdulla Al Romaihi, Ali Al Doseri, and Maryam Al Dhaen, emphasises the need for clarity and transparency in determining a judge’s eligibility. It specifically defines the degree of kinship that would constitute a conflict of interest, limiting it to the fourth degree.

The proposal also adds the new criterion of prior involvement, ensuring that judges who have previously been involved in a case, even in a non-judicial capacity, would be ineligible to preside over it. The proposed amendment aims to strengthen the integrity and impartiality of Bahrain’s judicial system by addressing potential conflicts of interest and ensuring fair and just outcomes for all parties involved.