To succeed in enforcing foreign judgments in Israel, the judgment must be accepted by an Israeli court. The acceptance and enforcement of Judgments made by foreign judiciaries in Israel is performed by The Foreign Judgments Enforcement Law – 1958. The statute relates to judgments regarding civil matters, meaning noncriminal and matters not within public law. This includes judgments ruling compensation or damages for an injured party, even where the matter is not civil.
The Preconditions Required for Enforcement
Firstly, the judgment is to be given by a judiciary that holds jurisdiction on the matter (according to the law within its jurisdiction).
Secondly, the judgment is final, meaning a higher court can no longer overrule it. An exception to the rule stipulates that the court may if it considers that the circumstances of the case justify it doing so, enforce a foreign provisional judgment or interim order in a matter of maintenance even though such judgment or order may still be appealable.
Thirdly, the obligation to the judgment is enforceable according to Israeli law. This means, vis a vis, that the judgment must be by Public policy, and it cannot be illegal nor immoral.
Finally, the judgment must be doable in the jurisdiction it was given.
For a judgment to be enforced by an Israeli court, the jurisdiction which it was given is to enforce judgments made by Israeli courts. Still, a deviation from the reciprocity rule is permitted; the court may respond to a general attorney’s request to enforce a judgment even when it was made by a jurisdiction that does not enforce judgments made by Israeli courts.
The court will neither respond nor deliberate upon a request for enforcing a foreign judgment submitted five years after the judgment was given. This is unless a different period was agreed upon by Israel and the jurisdiction in which the judgment was given. Another exception to the rule is where the court finds exceptional circumstances that justify the delay in submitting the enforcement request.
Firstly, a judgment due to deceit will not be rendered enforceable.
Secondly, a judgment will not be rendered enforceable if it is in the court’s opinion that the defendant was not given a reasonable possibility to argue its claims or present its evidence before the verdict.
Thirdly, the judgment is to be given by a judiciary that holds jurisdiction on the matter according to the rules of international law in Israel.
Fourthly, the judgment cannot contradict another judgment given in the same matter that is still valid between the parties. Furthermore, it cannot stand where the action was brought before the foreign court a suit in the same matter and between the same parties was pending before a Court or a Tribunal in Israel.
Finally, a foreign judgment will not be declared enforceable if its enforcement is likely to prejudice the sovereignty or security of Israel.
A foreign judgment declared enforceable will, for execution, have the effect of a judgment validly given in Israel.
- The Foreign Judgments Enforcement Law – 1958, s 11.
- The Foreign Judgments Enforcement Law – 1958, s 2.
- The Foreign Judgments Enforcement Law – 1958, s 3.
- The Foreign Judgments Enforcement Law – 1958, s 8.
- The Contracts (General Part) Law – 1973, s 30.
- The Foreign Judgments Enforcement Law – 1958, s 4.
- The Foreign Judgments Enforcement Law – 1958, s 5.
- The Foreign Judgments Enforcement Law – 1958, s 6-7.
- The Foreign Judgments Enforcement Law – 1958, s 10.
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