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עברית Enforcement / recognition of foreign Judgments in Israel
According to the foreign Judgment enforcement in Israel statute, 1958 (here in after “the statute”):
In general, a foreign judgment will not automatically be recognized in Israel and may be enforced in Israel only according to this act.
For a foreign judgment to be enforced in Israel, it must in first go through an absorption procedure by the Israeli court, which in the end, and if all conditions are met, the foreign judgment will be declared by the Israeli court as an enforceable judgment.
After enforcement process has complete, and the foreign judgment was declared by the Israeli court as enforceable in Israel, the foreign judgment has the full power as if it was awarded in Israel.
The court in Israel may declare a foreign judgment as an enforceable judgment in Israel, only if its meeting all conditions specified by statute:
- The judgment was given by a court which had jurisdiction and was authorized to render it.
- The judgment is not appealable. In other words, If the time to appeal in the court of origin has lapsed.
- The judgment can be enforced according to the state of Israel enforcement of judgments law and that the foreign judgment is not contrary to the public policies doctrine.
- The judgment is enforceable at the state rendering the judgment.
If these all conditions are met, the Israeli court may declare the judgment as enforceable judgment.
Foreign judgment definition: judgment given in a country, outside of Israel, in a civil matter, including a judgment for payment of compensation or damages to the injured party, though not a civil matter.
According to the Israel Supreme Court, which has ruled that recognition and enforcement of a foreign judgment should be process only according to the statute and the procedures and/or criteria mention within the statute.
Is has been said by the honorable judge Cardozo has previously m: “We are not so provincial as to say that every solution of a problem is wrong because we deal with it otherwise at home” (Loucks v. Standard Oil Co. 224 N.Y. 99 (1918)) mentioned also in the Israeli Supreme Court (Family Court appeal 594/04 attorney general v. unidentified person, 297, 306).
Our offices are equipped to handle all enforcement of a foreign judgment or recognition of foreign judgments litigation in Israel. We also provide expert opinion and testimony to Israeli and American courts regarding enforcement of foreign judgment.
For any information, contact us!