Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Enforcement of Foreign Judgments
5.
Court analysis and decision
5.1
Will the court review service of process in the initial proceedings?
Angola

Answer ... Yes. In accordance with Articles 1094 to 1102 of the Code of Civil Procedure and the New York Convention, the court will review procedural questions regarding the initial proceedings.

For more information about this answer please contact: Paulo Von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.2
Will the court review the jurisdiction of the foreign court in the initial proceedings?
Angola

Answer ... Yes. With regard to the recognition of court judgments, the court will examine the jurisdiction of the original court that issued the judgment, in accordance with the conflict of laws rules under Angolan law.

With regard to the recognition of foreign arbitral awards, the court will consider whether the dispute was arbitrable under the laws of the country in which the decision was handed down.

For more information about this answer please contact: Paulo Von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.3
Will the court review the foreign judgment for compliance with applicable law and public policy?
Angola

Answer ... Yes. In deciding whether to recognise a foreign judgment, the court will consider its compliance with the applicable law, in accordance with the rules of the country in which the judgment was handed down, as well as the public policy principles of Angolan law.

For more information about this answer please contact: Paulo Von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.4
Will the court review the merits of the foreign judgment?
Angola

Answer ... No, the court will not review the merits of the foreign judgment.

For more information about this answer please contact: Paulo Von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
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?
Angola

Answer ... If a court decision conflicts with a previous judgment regarding the same dispute between the same parties, the court will refuse to recognise it.

In the case of arbitration awards, the New York Convention includes no provisions in this regard.

For more information about this answer please contact: Paulo Von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.6
Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?
Angola

Answer ... No. There are no other grounds on which to refuse recognition of foreign judgment, other than those outlined in Articles 1097 and 1100 of the Code of Civil Procedure for judicial judgments, and in Article V of the New York Convention for arbitration awards.

For more information about this answer please contact: Paulo Von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.7
Is partial recognition and enforcement possible?
Angola

Answer ... The Angolan legislation and the New York Convention include no specific provisions in this regard, and the possibility would be contrary to the cognition powers of the Court, reason why it is concluded that partial recognition is not possible. Consequently, in the case of an effective challenge, the decision will not be altogether recognized.

For more information about this answer please contact: Paulo Von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
5.8
How will the court deal with cost issues (eg, interest, court costs, currency issues)?
Angola

Answer ... This is not an issue to be dealt with by the court.

For more information about this answer please contact: Paulo Von Hafe from Ana Bruno & Associados Sociedade de Advogados SPRL
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Enforcement of Foreign Judgments