Foreign Judgments Enforcement

Foreign Judgments Enforcement

 

Enforcement of Foreign Judgments in Jordan

The globalization of commerce and cross-border transactions has increased the need for effective mechanisms to recognize and enforce foreign court judgments. In Jordan, the enforcement of foreign judgments is a nuanced process, primarily governed by the Foreign Judgments Enforcement Law No. 8 of 1952 (the “Law”) and, in some cases, bilateral or multilateral treaties. This article provides a detailed examination of the legal framework, procedural requirements, and key considerations for enforcing foreign judgments in Jordan.

The principal legal basis for the enforcement of foreign judgments in Jordan is the Foreign Judgments Enforcement Law of 1952. This law outlines the procedures, conditions, and limitations for recognizing and executing foreign court decisions within Jordanian territory.

Jordan is a party to several bilateral judicial cooperation treaties, including the Riyadh Arab Agreement for Judicial Cooperation. While such treaties may facilitate the enforcement process, Jordanian courts generally require compliance with domestic procedures, notably the granting of an exequatur, or declaration of enforceability, by a Court of First Instance. It is important to note that Jordan is not a signatory to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, which affects the international recognition process.

The Enforcement Process

1. Filing the Petition

The process begins with the judgment creditor filing a petition for enforcement with the competent Court of First Instance in Jordan. Competence is determined by the debtor’s place of residence or the location of assets within the Kingdom.

2. Required Documentation

The petition must be accompanied by a certified copy of the final foreign judgment and an official Arabic translation. These documents are essential for the court to assess the validity and enforceability of the foreign decision.

3. Court Review and Exequatur

Upon receipt of the application, the Jordanian court does not re-examine the merits of the foreign judgment. Instead, it reviews the judgment against the criteria set out in Article 7 of the Law. If the court is satisfied that all legal conditions are met, it will issue an exequatur, thereby authorizing the enforcement of the foreign judgment as if it were a domestic one.

4. Execution of the Judgment

Once the exequatur is granted, the foreign judgment is enforceable under the same procedures as domestic judgments, pursuant to the Jordanian Enforcement Law. The creditor may then proceed to seize assets or take other enforcement actions available under Jordanian law.

Grounds for Refusal of Enforcement Foreign Judgments in Jordan

Article 7 of the Foreign Judgments Enforcement Law specifies several grounds on which a Jordanian court may refuse to enforce a foreign judgment. These include:

• Lack of Jurisdiction: The foreign court did not have proper jurisdiction over the case or the parties involved.
• Defective Service or Absence of Appearance: The debtor was not properly served with process or did not appear before the foreign court, unless it is proven that they voluntarily accepted the jurisdiction.
• Fraud: The judgment was obtained by fraud or deception.
• Non-finality or Contradiction with Public Order: The judgment is not final and conclusive in its country of origin,(all levels of litigation have been completed) or it conflicts with the public order or morals of Jordan.
• Lack of Reciprocity: The foreign country does not reciprocate by enforcing Jordanian judgments under similar terms.

Key Considerations for Enforcement

• One of the most significant factors in the enforcement process is the principle of reciprocity. The Jordanian court will assess whether the foreign country would enforce a Jordanian judgment under comparable circumstances. If reciprocity is lacking, enforcement may be denied.
• The foreign judgment must not contravene the fundamental legal principles, public order, or morals of Jordan. This safeguard ensures that foreign decisions do not undermine the Kingdom’s core values or legal system.
• Jordanian courts also review whether the proceedings in the foreign court met minimum standards of due process and procedural fairness, including proper notice and opportunity to be heard for the defendant.
• While the Foreign Judgments Enforcement Law of 1952 does not specify a strict time limit for filing an enforcement petition, the judgment must remain enforceable in its country of origin. Additionally, the general 15-year civil limitation period under Jordanian law may apply, so timely action is advised.

Enforcement of foreign judgments in Jordan is a structured process that balances international comity with the protection of national legal principles. The Foreign Judgments Enforcement Law of 1952 provides a clear legal pathway, but successful enforcement depends on careful adherence to procedural requirements, fulfillment of reciprocity, and respect for Jordanian public order. Parties seeking enforcement should ensure their documentation is complete, translations are accurate, and that the underlying judgment meets the criteria established by Jordanian law.

 

Enforcement of Jordanian Judgments Abroad

 

For Jordanian parties, ensuring that a judgment rendered by a Jordanian court is recognized and enforced in another country is often essential for securing rights and remedies. As we explored above the legal framework governing the enforcement of Foreign Judgments in Jordan we are going to explores herein the legal framework governing the enforcement of Jordanian judgments abroad, the role of international treaties, the principle of reciprocity, relevant domestic procedures, and the typical conditions required for recognition and enforcement. Practical examples, particularly with respect to Arab states, and common challenges.

The enforcement of foreign judgments typically relies on a combination of international treaties and domestic laws. For Jordan, several bilateral and multilateral agreements facilitate the recognition and enforcement of judgments in other jurisdictions:

• Arab League Conventions: Jordan is a signatory to the Riyadh Arab Agreement for Judicial Cooperation (1983), which provides a framework for the mutual recognition and enforcement of judicial decisions among member states, including many Arab countries such as Saudi Arabia, Egypt, and the United Arab Emirates.
• Bilateral Treaties: Jordan has entered into specific bilateral agreements with countries like Morocco, Tunisia, and other Arab states that further streamline the enforcement process.
• International Context: Outside the Arab region, Jordan is not a party to the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (as of 2025), which limits streamlined enforcement in many Western jurisdictions.

Where treaties exist, they often provide clear procedures, reciprocity, and reduced barriers for the recognition and enforcement of judgments. In their absence, enforcement depends on the domestic laws of the requested country.

Reciprocity is a foundational principle in cross-border enforcement of judgments. It requires that a foreign country will only enforce a Jordanian judgment if Jordan, in turn, would enforce judgments from that country. This principle is often enshrined in domestic statutes or interpreted by foreign courts as a matter of public policy.

The burden of proving reciprocity may rest with the party seeking enforcement. For instance, if a Jordanian party seeks enforcement in a European country that does not have a treaty with Jordan, the court may require evidence that Jordanian courts would reciprocally enforce judgments from that country. This can be a significant hurdle, particularly where no precedent exists.

In the absence of an applicable treaty, the enforcement of a Jordanian judgment abroad is governed by the domestic laws of the country where enforcement is sought. While procedures vary, the following steps are typically required:

1. Filing an Application: The judgment creditor must file a formal application or petition with the competent court in the foreign country.
2. Providing Documentation: Essential documents usually include a certified copy of the Jordanian judgment, proof of its finality, and evidence of proper service on the defendant.
3. Translation Requirements: All documents must generally be translated into the official language of the requested country by a certified translator.
4. Legalization or Apostille: In some jurisdictions, documents must be legalized or bear an apostille (where applicable) to authenticate their origin.

Once these requirements are met, the foreign court will review the application and decide whether to recognize and enforce the judgment.

Foreign courts commonly examine several criteria before recognizing and enforcing a Jordanian judgment:

• Jurisdiction: The Jordanian court must have had proper jurisdiction over the case and parties, in line with international norms.
• Finality: The judgment must be final and conclusive, not subject to appeal or further review in Jordan.
• Proper Notification: The defendant must have been properly notified and given an opportunity to present their case.
• Public Policy: The judgment must not contravene the public policy or fundamental principles of law in the country where enforcement is sought.
• No Fraud: The judgment must not have been obtained by fraud or in violation of due process.

If any of these conditions are not met, the foreign court may refuse enforcement, even if a treaty exists.

The Riyadh Arab Agreement for Judicial Cooperation has greatly facilitated the enforcement of Jordanian judgments in other Arab League countries. For example, a Jordanian commercial judgment can often be recognized and enforced in for example Saudi Arabia , UAE or Egypt with relative efficiency, provided the procedural requirements are met. These countries generally honor judgments from other signatories, subject to the standard conditions of finality, jurisdiction, and public policy.

In contrast, enforcement in non-Arab or Western countries (such as the United Kingdom or United States) is more challenging due to the lack of relevant treaties. In these jurisdictions, the applicant must rely entirely on local laws, and courts may scrutinize the Jordanian judgment more closely, particularly regarding service of process and compatibility with local public policy.

Some countries, including certain European and Asian jurisdictions, may require evidence that Jordanian courts would enforce their judgments in similar circumstances, invoking the principle of reciprocity as a threshold requirement.

Parties seeking to enforce Jordanian judgments abroad commonly face several challenges:

• Lack of Treaty Coverage: The absence of a mutual enforcement treaty can result in lengthy, uncertain proceedings.
• Burden of Proof: Demonstrating reciprocity or compliance with local procedures can be complex and require expert testimony.
• Procedural Formalities: Strict requirements for documentation, translation, and legalization can delay enforcement.
• Public Policy Concerns: Foreign courts may refuse enforcement if the judgment is incompatible with local values or legal principles.

To maximize the likelihood of success, parties should thoroughly research the laws of the target jurisdiction, ensure all documents are properly prepared and translated, and consider engaging local counsel experienced in cross-border enforcement.

The enforcement of Jordanian judgments in other countries is governed by a complex interplay of international treaties, domestic laws, and the principle of reciprocity. While agreements like the Riyadh Arab Agreement make enforcement relatively straightforward among Arab states, significant challenges remain in jurisdictions without such treaties. Practitioners should be prepared to navigate diverse legal requirements, meet stringent procedural standards, and address potential objections based on public policy or reciprocity. Careful preparation and local legal expertise are essential for achieving successful cross-border enforcement of Jordanian judgments.

 For more info Contact Us!