Build a Comparative Guide

1.1

Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?

1.2

Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?

1.3

Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?

2.1

What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?

2.2

Must a foreign judgment be final and binding before it can be enforced?

2.3

Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?

2.4

What is the limitation period for making an application for recognition and enforcement?

4.1

On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?

4.2

What is the limitation period for filing a challenge?

4.3

Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?

5.1

Will the court review service of process in the initial proceedings?

5.2

Will the court review the jurisdiction of the foreign court in the initial proceedings?

5.3

Will the court review the foreign judgment for compliance with applicable law and public policy?

5.4

Will the court review the merits of the foreign judgment?

5.5

How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?

5.6

Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?

5.7

Is partial recognition and enforcement possible?

5.8

How will the court deal with cost issues (eg, interest, court costs, currency issues)?

6.1

Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?

6.2

Can the applicant seek injunctive relief while the appeal is pending?

7.1

Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?

7.2

Can the foreign judgment be enforced against third parties?

8.1

How would you describe the current enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?

9.1

What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?