Enforcement Of Foreign Judgments

It is common knowledge that even within the borders of the same country obtaining a judgment is in many cases a far cry from enforcing it. The situation is much more complicated in the international arena.

In order to enforce a judgment given in one country by the legal system in another country, it first has to go through a process of “Recognition”. The recognition can be based either on bilateral or multilateral treaties, or principles of “comity”, meaning that in the sphere of the international relations between the two countries one legal system will recognize the other . After a judgment has been recognized, enforcement proceeding can follow.

The legal prerequisites of recognition are different in many countries. They can be (among others) that the judgment is irreversible, or is not contrary to public welfare or that the motion for recognition does not exceed the limitation period. The respondent can raise objections to the request for recognition of the judgment, and therefore the different legal requirements must be well known. That’s were we come in