Jurisdiction | What are the main countries whose judgments can be enforced in the local courts? |
Argentina | Countries that have signed a treaty with Argentina, for example, Italy, Brazil and France. Countries that are party to Montevideo Treaties on Procedural Law of 1889 and 1940 and the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards of 1979.
Judgments rendered in other countries are enforceable subject to certain conditions. |
Australia | Foreign Judgments Regulations 1992 (Cth): New Zealand; UK; France; Germany; Italy; Switzerland; Hong Kong; Japan; Singapore; Taiwan; Sri Lanka. |
Brazil | The procedure to enforce a foreign award is always the same, regardless of the country where the award was made. |
British Virgin Islands (BVI) | England, Northern Ireland and Scotland pursuant to the Reciprocal Enforcement of Judgments Act and certain other countries pursuant to the Foreign Judgment Reciprocal Enforcement Act. |
Canada | All provinces except Québec have enacted reciprocal enforcement legislation in respect of UK judgments. Judgments from other jurisdictions can be sued upon in local courts and are frequently enforced provided they satisfy the "real and substantial connection" test and other requirements.
|
Cayman Islands | |
China | Belorussia, Bulgaria, Cuba, Cyprus, Egypt, France, Hungary, Italy, Kazakhstan, Kyrgyzstan, Laos, Lithuania, Mongolia, Morocco, Poland, Romania, Russia, Spain, Tajikistan, Tunisia, Turkey, Ukraine, United Arab Emirates, Uzbekistan and Vietnam. |
Cyprus | Judgments originating in courts of EU countries except Denmark (Brussels Regulation). Judgments obtained in the UK, British dominions, protectorates and mandated territories, as well as other foreign countries which accord reciprocal treatment to judgments given in Cyprus. Common law rules normally apply to the recognition of judgments in civil and commercial matters which originate in other jurisdictions.
|
Egypt | Signatory countries to the Arab League Treaty. Countries which exercise reciprocal recognition (with reservations). Countries with which Egypt has bilateral or multilateral treaties for this purpose.
|
France | EU member states, including the UK, and countries with which France has an applicable treaty. Judgments from EU countries are enforced under the Brussels Regulation. France is also a party to the Lugano Convention. Outside the EU, bilateral treaties for the enforcement of judgments in civil and commercial matters exist in respect of many countries, including Argentina, Brazil, China, United Arab Emirates, Québec (but not other Canadian provinces) and several African countries. There is no such treaty with the United States. |
Germany | All EU member states, and Switzerland, Norway and Iceland. |
Hong Kong | Under the Foreign Judgments (Reciprocal Enforcement) Ordinance: Australia, Belgium, Bermuda, Brunei, France, Germany, India, Israel, Italy, Malaysia, The Netherlands, New Zealand and Singapore. Under common law: the UK and the United States. Under the Mainland Judgments (Reciprocal Enforcement) Ordinance: mainland China.
|
Hungary | Under common law: the UK and the United States. |
India | Only countries that are notified under section 44 A (Execution of decrees passed by Courts in reciprocating territory) of the Civil Procedure Code 1908 including, among others: UK. US. Switzerland. Germany. Singapore. Hong Kong. United Arab Emirates.
|
Indonesia | Foreign judgments (including those from the United States and UK) are not enforceable in Indonesia. |
Ireland | EU member states and Denmark (Brussels I). EFTA countries (Lugano Convention). All other countries (common law rules on enforcement).
|
Italy | |
Japan | A foreign judgment is recognised if it is final and satisfies all of the four requirements under the Japanese law. There are court cases where the Japanese court enforced judgments rendered by foreign countries including: |
Luxembourg | For judgments in civil and commercial matters: EU member states (including Denmark) and Iceland, Norway and Switzerland. For uncontested claims (judgments), certain small claims and certain payment procedures certified with a European Enforcement Order: all EU member states, except Denmark. All decisions from outside Europe can be enforced in Luxembourg by following the Exequatur procedure.
|
Lithuania | Brussels Jurisdiction Convention, Lugano Convention and Brussels Regulation signatories. Any other jurisdictions if judgments issued by them satisfy the following general requirements: legality under domestic law; competence of issuing court; proper participation in the proceedings.
The judgment must not contradict the Lithuanian Constitution, Lithuanian private international law or Lithuanian judgment on the same issue. |
Malta | Judgments from any country can be enforced in local courts provided the established procedure is followed. For EU states, the Brussels I Regulation is applied. For the UK, specific statutory provisions apply. |
Mexico | The main countries whose judgments are enforced are: Generally countries that respect the right to fair hearing and due process of law. Spain. Countries party to the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards.
|
Romania | Members of the EU, under the Brussels Regulation. Countries that are party to New Lugano Convention. 16 countries with whom Romania has bilateral treaties.
Judgments of other countries are enforceable through a special procedure (reciprocity is a substantive requirement). |
Russia | Judgments of many countries can be enforced in Russia under an applicable international treaty or convention (for example, Czech Republic, Spain, Italy, China, Cyprus, Finland, Greece, India, Poland, Ukraine). Without an applicable treaty or convention, a foreign judgment may be enforceable on the grounds of reciprocity.
|
Singapore | Countries listed under the: Other countries, based on defendant's presence in the foreign jurisdiction when proceedings are commenced, or submission to the foreign jurisdiction (common law). |
South Africa | Namibia has been specifically recognised by the Enforcement of Foreign Civil Judgement Act 32 of 1988 as a country whose judgments can be enforced by registering the judgment with a South African court. All other countries' judgments may be enforced in South Africa provided they meet further requirements.
|
Sweden | Brussels Jurisdiction Convention, New Lugano Convention and Brussels Regulation signatories. Judgments from other countries may be recognised and enforced de facto if the parties had agreed that claims such as the ones dealt with by the foreign court should be subject to litigation in that foreign jurisdiction.
|
Switzerland | Lugano Convention signatory states but also others if there are no ordre public concerns. |
Turkey | Contracting parties to Hague Convention dated 1971. Parties who have concluded a bilateral treaty with Turkey, of which there are 19 (for example, Italy and China). Other countries including the UK and United States (depending on the state), subject to conditions.
|
UK (England and Wales) | EU member states under the Brussels Regulation. EU member states and Iceland, Switzerland and Norway under the Lugano Convention. EU member states under the European Enforcement Order. Countries covered by the Administration of Justice Act 1920 (including Jamaica, New Zealand and the Cayman Islands). Countries covered by the Foreign Judgments (Reciprocal Enforcement) Act 1933 (including India, Australia, Israel and Canada).
|
|
|
|
|
United Arab Emirates | Signatory countries to the Riyadh Arab Agreement for Judicial Cooperation. Countries with which the UAE has bilateral treaties, for example, India and France.
|
United States | The laws of each state determine its recognition of a foreign judgment, and a federal court applies the law of the state in which it sits. Most states have adopted a version of the Uniform Foreign Money Judgments Recognition Act 1986 (13 U.L.A. 149). This statute requires states to give effect to foreign judgments if an exemplified copy of the foreign judgment is registered with the clerk of a court with competent jurisdiction. |