Argentina, Australia, Belgium, Brazil, British Virgin Islands, Canada, Cayman Islands, China, England, Germany, Gibraltar, Hong Kong, India, Indonesia, Italy, Luxembourg, Malta, New Zealand, Poland, Singapore, South Africa, South Korea, Spain, Switzerland, Turkey, USA, United Arab Emirates
Belgium, Brazil, British Virgin Islands, Canada, Cayman Islands, China, England, Germany, Gibraltar, Hong Kong, India, Indonesia, Italy, Luxembourg, Malta, New Zealand, Poland, Singapore, South Africa, South Korea, Spain, Switzerland, Turkey, USA, United Arab Emirates
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Enforcement of judgments: domestic and foreign
Definitions and preliminary proceedings
What is the definition of judgment in your jurisdiction for the purpose of enforcement proceedings?
Is it required that a judgment is final and has conclusive effect, or are decisions in preliminary/provisional/interim proceedings recognised and enforceable?
What conventions and regulations is your jurisdiction a contracting party to?
Will enforcement be automatically refused if service of the proceedings did not conform to any applicable requirements of international treaties/regulations?
What is the effect of pending appeal proceedings where the decision is granted?
What types of judgments in commercial matters are enforceable?
Are any class of judgments excluded from recognition and enforcement?
Conditions for recognition and enforcement
What are the conditions to enforce and recognise a judgment?
What are the grounds for refusing recognition and enforcement?
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?
Does public policy include matters of substantive law?
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?
In what circumstances and against which judgments has the principle of public policy generally been applied?
Is it possible to apply for provisional measures from the enforcing court pending the enforcement proceedings?
Is the judgment creditor entitled to interest? If so, on what basis is it calculated?
What is the enforcement procedure when a declaration of enforceability is granted?
Can defendants oppose the enforcement procedure, and if so, on what grounds/defences?
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)?
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?
Is the enforcement of a foreign judgment, arbitral award or deed subject to formal proceedings or simplified procedures?
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?
What is the general outline of enforcement proceedings?
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?
What are the documentary requirements for enforcement?
Is it required to translate the judgments into the language of the state where enforcement is requested?
What is the format of the application for a declaration of enforceability?
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?
Is it required to convert the value of the judgment into the local currency?