Uniform enforcement of foreign judgments act issued in one country is not automatically applied in another. With this in mind, we step in to ensure that any court orders or arbitration proceedings arising from a different jurisdiction are enforced. We do this through due process of law and adherence to existing treaties and agreements involving affected sovereign states,
So Alzayat Egypt’s First & Top International Law Firms In Egypt & Switzerland clients can rest assured that their legal rights will not be obstructed by territorial jurisdiction.
Uniform enforcement of foreign judgments act
Uniform enforcement of foreign judgments act
Uniform enforcement of foreign judgments act Judgments may relate to financial debts or any other court rulings against one of the parties.
Alzayat Top Law firms in Egypt & Switzerland Since 2005 may advise that a new lawsuit is filed under these circumstances based on the judgment.
Or, in those states that have adopted the Uniform Enforcement of Foreign Judgment Act.
A foreign decision is registered by submitting a model copy of the foreign judgment to the court and notifying the debtor of the filing.
Either way, our attorneys can deal with foreign judgments or arbitration matters whether our client is a plaintiff or defendant.
Article 296
The first article about uniform enforcement of foreign judgments act.
Judgments and orders issued in a foreign country may be ordered to be executed under the same conditions stipulated in the law of that country for the implementation of Egyptian judgments and orders there.
Article 297
The second article about uniform enforcement of foreign judgments act.
The application for an order of execution shall be submitted to the court of the first instance in whose circuit the performance is to be carried out, in the usual procedures for filing a case.
Article 298
- The third article about Uniform enforcement of foreign judgments act That the courts of the Republic are not competent in the dispute in which the judgment or order was issued and that the foreign courts that issued it are qualified by the rules of international judicial jurisdiction established in its law.
- That the litigants in the case in which the judgment was passed have been summoned to appear and properly represented
- The judgment or order has the force of a ruling by the court’s law that issued it.
- That the judgment or order does not conflict with a judgment or order previously issued by the courts of the Republic and does not include anything that contradicts public order or morals therein.
Article 299
In the fourth article about uniform enforcement of foreign judgments act, the provisions of the previous articles shall apply to arbitrators’ conclusions issued in a foreign country.
The decision must be published in a matter that the law of the Republic may arbitrate.
Article 300
- In the fifth article about uniform enforcement of foreign judgments act, Official bonds issued in a foreign country may be ordered to be executed under the same conditions prescribed in the law of that country for the execution of official enforceable bonds issued in the Republic.
- The order for execution shall be requested by a petition submitted to the execution judge who is to be executed within his jurisdiction.
- Execution may not be ordered except after an investigation of the fulfillment of the conditions required for the formality of the bond and its enforceability by the country’s law in which it was made and that it is free from what is contrary to public order or morals in the Republic.
- And these are all articles related to the Fourth article about uniform enforcement of the foreign judgments act.
The principle of reciprocity in the implementation of foreign judgments
Uniform enforcement of foreign judgments act
Definition of the principle of reciprocity or exchange:
- Which is known as the condition of reciprocity or business, and this principle stipulates that the national courts of a country do not accept the order to implement a foreign judgment unless the foreign courts that issued this judgment take the execution of decisions issued by the courts of this country to the same extent and within the same limits.
- This means that the principle of reciprocity is nothing but a plan followed by the courts of states towards each other on the occasion of implementing the rulings of each of them in the countries of the other. We must note that the principle of reciprocity must be applied in the narrowest sense, so the treatment of the foreign court that issued the desired ruling must be considered.
- I was executing it in a state, for the state’s judgment issued in the same circumstances if it is to be implemented in that foreign state. It is essential because it may respect other provisions in other cases.
- Countries have differed in terms of their decision on how to verify the existence of the exchange; some of them require that the business be diplomatic, some of them require that the deal be legislative, and some of them require that the conversation be realistic.
- Diplomatic exchange: is the discussion stipulated in a treaty concluded between two or more countries, meaning that if there is a provision in the treaty that the courts of each country must implement the judgments issued by the courts of other countries, then the national judge, in this case, must execute the foreign judgment.
- Legislative exchange: is the business stipulated in countries’ law, meaning that the courts of countries do not implement foreign judgments unless the direction of these countries includes a text that allows the implementation of those foreign judgments.
- As for the actual exchange: it is the exchange that is based on what is being done before the foreign court, i.e., the non-acceptance of the execution of foreign judgments in a country unless that foreign country whose decision is to be executed allows the implementation of the ruling issued by the courts.
What is the Uniform enforcement of foreign judgments act?
To answer this question, what is the Uniform enforcement of foreign judgments act? It will help if you read this.
The judgment is enforceable when it possesses the force of a decided order, i.e., it is a final judgment, or when it is a final judgment by exhausting the means of appeal, or when the judge includes it with expedited enforcement without bail or bail as in some commercial decisions, or when it is enforceable by force of law as in summary judgments and provisions Execution judge. And that is the answer to the uniform enforcement of the foreign judgments act.
At the end of the article, we mentioned all the information about the uniform enforcement of the foreign judgments act. Hoping it’s helpful to you.
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