In this article, "Enforcement of foreign judgment in Israel", we will discuss the procedures related to enforcement of foreign judgment in Israel, while clarifying the Israeli law and the Israeli Supreme court ruling on this subject.
Foreign judgment is defined in the foreign judgment enforcement act, 1958 as a judgment given in a country, outside of Israel, in a civil matter, including a judgment for payment of compensation or damages to the injured party, though not a civil matter
Israeli justice Cheshin, in CA 970/93 Attorney General v. Iris agam explained in short the procedures for enforcing foreign judgment in Israel:
"a judgment given in a county outside of Israel, does not work inside Israel, as was the judgment given by a court in Israel, it is required the foreign judgment to be emptied from vessel to vessel, from the foreign judicial system to the Israeli judicial system and through that making it an Israeli legal organ. This is made by the Israeli courts, and for this purpose Foreign Judgments Act is used" (translation made by me, Y.B).
Paragraph 3 of the act requires four cumulative conditions to enforce a foreign judgment in Israel:
- The award was made in the country under the laws of its courts were authorized to grant/
- The judgment can no longer appealed
- The award in the judgment is enforceable by the Israeli law and its content of the judgment does no contradict the public safety.
- The judgment is enforceable in the country in which it was given.
Paragraph 4 of the act states Israeli courts will not enforce a foreign judgment of a country that does not enforce Israeli judgments.
We must also mention paragraph 6 which grants defense for defendant, who which claim to enforce a foreign judgment against him was filed. Paragraph 6 states the foreign judgment would not be enforced in Israel if the defendant shows the court one of the below:
- The judgment was obtained by fraud
- The defendant was given reasonable chance to present his evidence before the foreign court.
- The judgment was given by a court that was not authorized to grant under international law in Israel.
- The judgment contradicts another judgment given in the same despite between the parties and still valid.
- When submitting the claim to the court in the foreign country there was another claim regarding the same dispute between the same parties pending before a court or tribunal in Israel.