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  • 1.

    Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties?

  • 2.

    Intra-state variations
    Is there uniformity in the law on the enforcement of foreign judgments among different jurisdictions within the country?

  • 3.

    Sources of law
    What are the sources of law regarding the enforcement of foreign judgments?

  • 4.

    Hague Convention requirements
    To the extent the enforcing country is a signatory of the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, will the court require strict compliance with its provisions before recognising a foreign judgment?

  • 5.

    Limitation periods
    What is the limitation period for enforcement of a foreign judgment? When does it commence to run? In what circumstances would the enforcing court consider the statute of limitations of the foreign jurisdiction?

  • 6.

    Types of enforceable order
    Which remedies ordered by a foreign court are enforceable in your jurisdiction?

  • 7.

    Competent courts
    Must cases seeking enforcement of foreign judgments be brought in a particular court?

  • 8.

    Separation of recognition and enforcement
    To what extent is the process for obtaining judicial recognition of a foreign judgment separate from the process for enforcement?

  • 9.

    Can a defendant raise merits-based defences to liability or to the scope of the award entered in the foreign jurisdiction, or is the defendant limited to more narrow grounds for challenging a foreign judgment?

  • 10.

    Injunctive relief
    May a party obtain injunctive relief to prevent foreign judgment enforcement proceedings in your jurisdiction?

  • 11.

    Basic requirements for recognition
    What are the basic mandatory requirements for recognition of a foreign judgment?

  • 12.

    Other factors
    May other non-mandatory factors for recognition of a foreign judgment be considered and, if so, what factors?

  • 13.

    Procedural equivalence
    Is there a requirement that the judicial proceedings where the judgment was entered correspond to due process in your jurisdiction and, if so, how is that requirement evaluated?

  • 14.

    Personal jurisdiction
    Will the enforcing court examine whether the court where the judgment was entered had personal jurisdiction over the defendant and, if so, how is that requirement met?

  • 15.

    Subject-matter jurisdiction
    Will the enforcing court examine whether the court where the judgment was entered had subject-matter jurisdiction over the controversy and, if so, how is that requirement met?

  • 16.

    Must the defendant have been technically or formally served with notice of the original action in the foreign jurisdiction, or is actual notice sufficient? How much notice is usually considered sufficient?

  • 17.

    Fairness of foreign jurisdiction
    Will the court consider the relative inconvenience of the foreign jurisdiction to the defendant as a basis for declining to enforce a foreign judgment?

  • 18.

    Vitiation by fraud
    Will the court examine the foreign judgment for allegations of fraud upon the defendant or the court?

  • 19.

    Public policy
    Will the court examine the foreign judgment for consistency with the enforcing jurisdiction’s public policy and substantive laws?

  • 20.

    Conflicting decisions
    What will the court do if the foreign judgment sought to be enforced is in conflict with another final and conclusive judgment involving the same parties or parties in privity?

  • 21.

    Enforcement against third parties
    Will a court apply the principles of agency or alter ego to enforce a judgment against a party other than the named judgment debtor?

  • 22.

    Alternative dispute resolution
    What will the court do if the parties had an enforceable agreement to use alternative dispute resolution, and the defendant argues that this requirement was not followed by the party seeking to enforce?

  • 23.

    Favourably treated jurisdictions
    Are judgments from some foreign jurisdictions given greater deference than judgments from others? If so, why?

  • 24.

    Alteration of awards
    Will a court ever recognise only part of a judgment, or alter or limit the damage award?

  • 25.

    Currency, interest, costs
    In recognising a foreign judgment, does the court convert the damage award to local currency and take into account such factors as interest and court costs and exchange controls? If interest claims are allowed, which law governs the rate of interest?

  • 26.

    Is there a right to appeal from a judgment recognising or enforcing a foreign judgment? If so, what procedures, if any, are available to ensure the judgment will be enforceable against the defendant if and when it is affirmed?

  • 27.

    Enforcement process
    Once a foreign judgment is recognised, what is the process for enforcing it in your jurisdiction?

  • 28.

    What are the most common pitfalls in seeking recognition or enforcement of a foreign judgment in your jurisdiction?

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