Israel: Enforcing foreign judgments in Israel.

Israel

Enforcing foreign judgments in Israel.

Foreign judgment

A judgment given by a court in a foreign state in a civil matter, including a judg-ment for the payment of compensation or damages to an injured party even though it may not have been given in a civil matter.

 

Conditions of Enforcement

A Court in Israel may declare a foreign judgment enforce-able if it finds that the judgment complies with the following:

(1) The judgment was given in a state where the courts were, according to its laws, competent to give it; and

(2) the judgment is no longer appealable; and

(3) the obligation of the judgment is enforceable under the Statues of En-forcement of Foreign Judg-ments in Israel, and the content of which does not contradict the public policy in Israel; and

(4) The judgment is execu-tory in the State in which it was given.

 

Reciprocity

A foreign judgment will not be declared enforceable if it was given in a state where the laws do not provide for the enforcement of judg-ments of Israeli Courts.

The existence of a bilateral enforcement convention be-tween Israel and the foreign country satisfies this re-quirement. However, there is not a mandatory require-ment of bilateral enforce-ment convention and foreign judgments from countries which do not maintain bi-lateral conventions with Israel are regularly enforced in Israel. In this case, required of the plaintiff is to bring evidence that the foreign country in question enforces judgments of Israeli courts.

 

Period of Enforcement

The Court will not hear an application for the enforce-ment of a foreign judgment if such application is filed more than five years after the day on which the judgment was given, unless a different period has been agreed upon between Israel and the state in which the judgment was given or unless the court considers that there are special reasons justifying the delay.

 

Defenses

A foreign judgment will not be declared enforceable if it is proved to the court that one of the following had occurred:

(1) The judgment was obtained by fraud;

(2) The defendant was not afforded a reasonable op-portunity to present his argu-ments and to produce his evidence before the judg-ment was given;

(3) The judgment was given by a Court not competent to give it in accordance with the rules of private international law applicable in Israel;

[A person will not be deemed to have acknowledged the authority of the Court which gave judgment against him, even if that person par-ticipated in the proceeding before said Court, whether on certain conditions or with-out any conditions, if he claimed one or more of the following:

(1) That person objected to the authority of the Court or protested against it;

(2) Claimed the proceedings should be stricken out or delayed for the purpose of transferring the claim to arbitration or to a Court in another country;

(3) Claimed with regard to releasing his assets which were seized or about to be seized, or while protecting such assets. It does not matter if along with the claims mentioned above the defendant claimed to the merits of the dispute or participated in the pro-ceedings in any other matter — provided he participated in same before the foreign Court gave its final decision on the question of authority.]

(4) The judgment is in contradiction with another judgment given in the same matter between the same parties that is still valid; or

(5) At the time 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.