Enforcement of Foreign Judgments

Enforcement of Foreign Judgments

Enforcement of Foreign Judgments is the recognition and enforcement in one legal jurisdiction of a competent judgment(s) obtained in another (“foreign”) jurisdiction. Foreign judgments may be recognized based on treaties or understandings between international states or unilaterally without an express international agreement.

The “recognition” of a foreign judgment occurs subject to legal and procedural formalities when a court of one country or jurisdiction accepts a judicial decision made by the court(s) of another “foreign” country or jurisdiction and upholds a judgment in substantially identical terms.

Once a foreign judgment is recognised, the successful party in the original case can then seek “enforcement” of the judgment in the recognising country. If the foreign judgment is a money judgment and the debtor has assets in the recognising jurisdiction, the judgment creditor has access to all the enforcement remedies as if the case had originated in the recognising country.