Enforcement of Judgments: Country Q&A tool

Search the Country Q&A in the Enforcement of Judgments and Arbitral Awards in Commercial Matters Global Guide: Enforcement of Judgments by question and jurisdiction.

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Enforcement of judgments: domestic and foreign

Definitions and preliminary proceedings

1. What is the definition of judgment in your jurisdiction for the purpose of enforcement proceedings?
 
2. Is it required that a judgment is final and has conclusive effect, or are decisions in preliminary/provisional/interim proceedings recognised and enforceable?
 

Applicable regulations/conventions

3. What conventions and regulations is your jurisdiction a contracting party to?
 
4. Will enforcement be automatically refused if service of the proceedings did not conform to any applicable requirements of international treaties/regulations?
 

Pending appeals

5. What is the effect of pending appeal proceedings where the decision is granted?
 

Enforceable judgments

6. What types of judgments in commercial matters are enforceable?
 
7. Are any class of judgments excluded from recognition and enforcement?
 

Conditions for recognition and enforcement

8. What are the conditions to enforce and recognise a judgment?
 
9. What are the grounds for refusing recognition and enforcement?
 

Proper service

10. Does the enforcing court review service of the proceedings? Are there any conditions regarding service of the proceedings that must have been satisfied/complied with?
 

Public policy

11. Does public policy include matters of substantive law?
 
12. Can the application of a law that is different to that applicable under the choice of law rules of the enforcing court be attacked on the basis of public policy?
 
13. In what circumstances and against which judgments has the principle of public policy generally been applied?
 

Provisional remedies

14. Is it possible to apply for provisional measures from the enforcing court pending the enforcement proceedings?
 

Interest

15. Is the judgment creditor entitled to interest? If so, on what basis is it calculated?
 

Actual enforcement

16. What is the enforcement procedure when a declaration of enforceability is granted?
 
17. Can defendants oppose the enforcement procedure, and if so, on what grounds/defences?
 

Enforcing foreign judgments

Jurisdiction

18. Is the enforcing court entitled to consider the grounds on which the foreign court assumed jurisdiction (and if so, on what jurisdictional grounds can enforcement be refused)?
 
19. If the foreign court assumed jurisdiction on the basis of an exorbitant ground of jurisdiction, can the enforcing court review the judgment on that ground?
 

Enforcement proceedings

20. Is the enforcement of a foreign judgment, arbitral award or deed subject to formal proceedings or simplified procedures?
 
21. Are applicants required to institute a new action on the judgment in the form of main proceedings instead of making an application for enforcement based on the judgment?
 
22. What is the general outline of enforcement proceedings?
 
23. Can the enforcing court review the foreign judgment as to its substance if all formalities were complied with and if the judgment meets all requirements?
 

Formalities

24. What are the documentary requirements for enforcement?
 
25. Is it required to translate the judgments into the language of the state where enforcement is requested?
 
26. What is the format of the application for a declaration of enforceability?
 
27. What information must be included in the application regarding the judgment, the claim as awarded in the judgment, the facts and legal grounds of the case, and that the judgment is no longer appealable?
 
28. Is it required to convert the value of the judgment into the local currency?
 

Proposals for reform

29. Are any changes to the law currently under consideration or being proposed?
 
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