Exclusion and limitation of liability clauses serve as
essential mechanisms for allocating risk between contracting
parties and promoting commercial certainty. Nevertheless, the
doctrine of freedom of contract must be reconciled with
considerations of public order, as enshrined in applicable legal
provisions. Under Bahraini law, the general rule permits parties to
exclude or limit the liability of the debtor through contractual
agreement, except where otherwise restricted by law and subject to
specific conditions set forth therein. It is important to note that
numerous exceptions to this principle exist, scattered across
Decree Law No. 19/2001 Issuing the Civil Code (the "Civil
Code") and various sector-specific legislations. Accordingly,
the validity and enforceability of such clauses must be evaluated
on a case-by-case basis. This article aims to examine the legal
distinction between exclusion and limitation of liability clauses,
along with the requisite conditions
