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Legal study on the execution of foreign judgments in Jordan

Ihqaq Law Frim > Puplications  > Legal study on the execution of foreign judgments in Jordan

Legal study on the execution of foreign judgments in Jordan

Legal study on the execution of foreign judgments in Jordan
A study prepared by IHQAQ law firm showed that there are many of legislations, international collective agreements and bilateral international agreements that control and regulate the execution of judicial judgments issued by non-Jordanian courts in Jordan. Also control and regulate the execution of judicial judgments issued by Jordanian courts in the foreign countries.
Following a summery of the most important legislations and agreements:
First: The execution act of foreign judgments No.8 of 1952
Its permissive to execute any judgment issued by any foreign court in Jordan in accordance with (The execution act of foreign judgments No.8 of 1952)
In accordance with this law, foreign judgment means:
Every ruling issued by a court outside the Hashemite kingdom of Jordan (including the Religious courts) in respect of juristic proceedings, requires the payment of certain sum of money or adjudge transfer of title of a movable thing or the settlement of account , which includes the arbitrators’ decision in the arbitration proceedings if that decision has become as the applicable law in the country where the arbitration was enforceable as a decision issued by the court in the mentioned state).
In accordance with this law, its permissive to execute a foreign judgment in the Hashemite kingdom of Jordan by brining of a lawsuit at the First Instance Courts, where bringing the suit to execute the foreign judgment by submitting a summon to a court in the judgment debtor’s domicile is territorially competent, and if he has no domicile in Jordan, the action may be brought where his property can be levied upon.
In accordance with this law, the prevailing party must bring out two authorized copies of the foreign judgment, these copies must be annexed to the statement of claim: One to be kept in the official file of the court, and the other to be sent to the judgment debtor. If the judgment was rendered in a foreign language, an Arabic translation copy should also be annexed thereto.
In accordance with this law, the execution of the judgments issued by execution act of foreign judgments treated similarly to the execution of judgments issued by the courts of the Hashemite Kingdom of Jordan.
In accordance with this law, empowers the Jordanian court to reject any submitted request to execute foreign judgments in the following circumstances:
A) If the court which issued that judgment not incumbent.

B) If the judgment debtor had not dealt with business in the area in which the court had jurisdiction and he had not his domicile therein, and he had not admitted the jurisdiction of the court and he had not appeared before it by his choice.
C) If the judgment debtor has not served with a notice for appearing from the court which issued the judgment and he had not appear before it although he has his domicile therein or he dealt with business in the area which the court had jurisdiction .

D) If the foreign judgment rendered as a result of fraud .

E) If the judgment debtor persuaded the court that the judgment didn’t acquire the segmental form .

F) If the judgment was due to lawsuit not acceptable at the courts of Hashemite kingdom of Jordan because it against public orders or morals .

In accordance with this law, the Jordanian courts may reject any submitted request for execute the judgment issued by any court in a country doesn’t allow execute the judgments issued by the Jordan courts according to its law.

Second : Riyadh Arab agreement for judicial cooperation of 1983 and its amendments :
Under what is published on the Arab League site :
“(http://goo.gl/Va9HDS)”
Approved by the Arab Justice Ministers Council in its decision No.1 on the 4th of June 1983 in their first ordinary session course .
The agreement was signed on the 4thof June 1983 “Riyadh” by all member states except ( The Arab Republic of Egypt , The Federal Islamic Republic of Comoros ) .
The convention entered into force from the date of 30/10/1985 , according to article 67 :
Ratifying states :
1- State of Palestine on the 28thof November 1983
2- The Republic of Iraq on the 16th of march 1984

3- Republic of Yemen
– The People’s Democratic Republic of Yemen on the 13thof April 1984
– Yemen Arab Republic on the 11thof June 1984
4- Republic of Sudan on the 26th of November 1984
5- Mauritanian Islamic Arab Republic on the 17thof June 1985
6- Syrian Arab Republic on the 30thof September 1985
7- Democratic Republic of Somalia on the 21st of October 1985
8- Republic of Tunisia on the 29thof October 1985
9- Hashemite Kingdom of Jordan on the 17thof January 1986
10- The Kingdom of Morocco on the 30thof March 1987
11- The Great Socialist People’s Libyan Arab Jamahiriya on the 6thof January 1988
12- United Arab Emirates on the 11thof May 1999
13- Sultanate of Oman on the 28thof July 1999
14- Bahrain on the 23rdof July 2000
15- The Kingdom of Saudi Arabia on the 11thof May 2000
16- Algeria People’s Democratic Republic on the 20thof May 2001

In accordance with article 72 the present agreement shall replace in respect of states which have ratified it, the three agreements concluded in 1952 within the framework of the League of Arab States in force at present and pertaining to judicial notification and procuration , execution of penalties and extradition of criminals.

Article 69 of Riyadh Arab agreement for judicial cooperation has been amended .
The Arab Justice Ministers Council approved an amendment to article 69 of “Riyadh Arab agreement for judicial cooperation”
Signed in 1983 under its decision (No.258) on the 26thof November 1997 in its thirteenth ordinary session course .
So that the article become as following :
This convention shall not prejudice the specific agreements between some member states and in a case of conflict between provisions of this agreement and provisions of any special agreement shall applied the agreement which is the most achievement of extradition of accused and sentenced and achieving security and judicial cooperation in other sectors .

The States ratified the amendment :
The State of Palestine on the 5 thof September 1998
United Arab Emirates on the 11thof May 1999
Republic of Tunisia on the 25thof May 1999
Sultanate of Oman on the 28thof July1999
Bahrain on the 23rdof January 2000
The kingdom of Saudi Arabia on the 11thof May 2000
Algeria People’s Democratic Republic on the 20thof May 2001

Execution date : this amendment shall enter into force after thirty days from the date of deposit the ratification documents on it or accepted or approval from one-third of the Arab League member states .
Jordan has ratified this convention and its amendments by the virtue of (the ratification law of the Riyadh Arab agreement for judicial cooperation and its amendments (No. 2) of 2001).

Third :Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the “New York Convention”)

The Hashemite kingdom of Jordan joined the convention and ratified it in accordance with the published declaration in the Official Gazette
(No. 3585) on the 16thof November 1988

Fourth :Agreement on judicial cooperation between Jordan and Syria ,1953

The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 1182) on the 23rdof February 1954
Fifth : The judicial agreement between Jordan and Lebanon ,1954
The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 1202) on the 23rdof November 1954

Sixth :Extradition agreement among the states of the Arab League,1968
The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 2075) on the 10thof February 1968

Seventh : Aid exchange of extradition and criminal matters agreement between Jordan and Turkey ,1972
And, The agreement on judicial cooperation between Turkey and Jordan ,1972
The Hashemite kingdom of Jordan joined the agreements and ratified them in accordance with the published declaration in the Official Gazette
(No. 2362) on the 17thof June 1972
Eight :Agreement on judicial cooperation between Jordan and Egypt,1987
The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette (No. 3494) on the 16thof August 1987

Ninth : Legal and judicial cooperation agreement among the states of the Arab League ,1989
The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 3643) on the 1stof August 1989
Tenth : Agreement on legal and judicial cooperation between Jordan and Qatar ,1997
The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 42285) on the 16thof September 1997

Eleventh : Agreement on legal and judicial cooperation between Jordan and united Arab of Emirates ,1999

The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 4423) on the 2nd of April 2000

Twelfth: The agreement on legal and judicial cooperation between Jordan and Algeria ,2001

The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 4515) on the 1stof July2002
Thirteenth : The agreement on judicial cooperation between Jordan and Tunisia,2001

The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 4508) on the 1stof October 2001
Fourteenth : The agreement on judicial cooperation between Jordan and Yemen ,2001

The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 4478) on the 1stof March 2001

Fifteenth : The agreement on legal and judicial cooperation in civil and commercial matters ,personal status and penal between Jordan and Kuwait ,2006

The Hashemite kingdom of Jordan joined the agreement and ratified it in accordance with the published declaration in the Official Gazette
(No. 4751) on the 16thof March 2006
Sixteenth : Arab convention for the transfer of inmates of penal and correctional institutions in the framework of implementation of the penal provisions ,2012

The Hashemite kingdom of Jordan joined and ratified the convention by virtue of law ( the ratification law of the Arab convention for the transfer of inmates of penal and correctional institutions in the framework of implementation of the penal provisions No.17 of 2012), published in the Official Gazette (No.5162) on the 17thof June 2012
Seventeenth : Arab convention to combat crimes of Information Technology ,2012

The Hashemite kingdom of Jordan joined and ratified the convention by virtue of law ( Law No. 31 of 2013, Ratifying the Arab convention to combat crimes of Information Technology ), published in the Official Gazette (No.5162) on the 17thof June 2012
Eighteenth : Convention on transfer of sentenced persons between the Hashemite Kingdom of Jordan and Republic of Turkey ,2013

The Hashemite kingdom of Jordan joined and ratified the convention by virtue of law ( the law of ratification on transfer of sentenced persons between the government of Hashemite Kingdom of Jordan and the government of Republic of Turkey No.6 of 2013), published in the Official Gazette (No.5217) on the 16thof April 2013
Nineteenth : Convention on the settlement of investment disputes between states and nationals of other states ,2015

A Royal Decree was issued approving the Council of Ministers decision (No.1196) on the 17thof May 1972 containing the approval of the accession of Jordan to the settlement of investment disputes between states and nationals of other states agreement , authorizing the Jordanian ambassador in Washington to sign it on behalf of the government .
Published in the Official Gazette (No.5337) on the 16thof April 2015.

 

Translated by: Hala Alhadid

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