"Legal Framework for Recognition and Enforcement of Foreign Judgments in Jordan"

Project Overview

General Framework

1. Legal Basis for Enforcement Foreign judgments can be recognized and enforced in Jordan if issued by a court with jurisdiction to enforce Jordanian judgments. According to the Jordanian Enforcement of Foreign Judgments Law No. 8 of 1952 and the New York Convention (1958), the foreign judgment must be final, not subject to appeal, and obtained without fraud.

2. Definition of a ‘Judgment’ To be recognized and enforced, a judgment must be final, unappealable, free from fraud, and properly notified to the defendant. It must be accompanied by a certified Arabic translation if not originally in Arabic, and a legal copy of the original judgment.

3. Recognition and Enforcement Procedure The process begins with filing a claim for recognition at the Court of First Instance with all relevant documents in Arabic or translated into Arabic. The court will review the procedural aspects and, if satisfied, will recognize the judgment. Once recognized, the judgment can be enforced in Jordan, following the same procedures as a domestic judgment. If the judgment has writ of execution power, it may bypass the recognition stage and proceed directly to enforcement.

4. Challenging Recognition and Enforcement Recognition and enforcement can be challenged on the grounds of lack of jurisdiction of the issuing court or if the judgment violates public order or morality. Such challenges must be made during the recognition process.

5. Specific Legal Frameworks The primary legal frameworks are the New York Convention and the Jordanian Civil Procedures Law. These outline the criteria and procedures for recognition and enforcement, with no special regimes applicable beyond these laws.

6. Enforcement Procedures To enforce a recognized judgment, a claim must be filed with the enforcement department. The process includes notifying the other party, allowing time for settlement, and then proceeding with enforcement against the assets of the other party in Jordan.

7. Conflicting Local Judgments A foreign judgment may still be recognized and enforced even if there are conflicting local judgments or pending local proceedings, provided that the local law does not relate to public order or morality.

8. Recognition of Judgments Applying Local Law There is no difference in procedure for recognizing and enforcing foreign judgments that apply Jordanian law compared to other judgments.

9. Uniform Application Across Regions The rules and procedures for recognizing and enforcing foreign judgments are uniformly applied across Jordan without regional variations.

10. Limitation Period There is no limitation period for enforcing a foreign judgment. The judgment remains enforceable as long as it is final, with a 15-year limitation period for enforcement actions.

11. Special Enforcement Regimes There are no special enforcement regimes beyond the Jordanian legislative framework. Recognition and enforcement procedures are consistent with the general rules and requirements.

Recent Developments and Practical Tips

• Recent Developments: There have been no noteworthy legal changes in the past 12 months relevant to the recognition and enforcement of foreign judgments in Jordan.
• Practical Tips:
  • Ensure all documents are translated into Arabic by a certified translator.
  • Authorizations should be provided by duly authorized individuals.
  • Be aware of potential delays in document legalization.
  • Engage law firms with experience in handling enforcement cases.