Enforcing Foreign Judgments & Court Rulings in Palestine: A Comprehensive Guide

Enforcing foreign judgments in Palestine involves navigating a detailed legal framework governed by local laws and procedural requirements. foreign judgments are not automatically enforceable in Palestine, Creditors must secure formal recognition from the Palestinian courts to proceed with enforcement. This article outlines the legal framework, procedural steps, key case law, and challenges associated with enforcing foreign judgments in Palestine.

Are Foreign Judgments Automatically Enforceable in Palestine?

No, foreign judgments are not automatically enforceable in Palestine. Palestinian courts have exclusive authority to determine the recognition and enforceability of foreign judgments. Articles 36 and 37 of the Execution Law NO. 23 of 2005 provide the basis for recognizing and enforcing foreign judgments, ensuring that such judgments comply with Palestinian law, public policy, and reciprocity requirements.

Legal Framework for Recognizing and Enforcing Foreign Judgments

The recognition and enforcement of foreign judgments in Palestine are governed by Articles 36 and 37 of the Execution Law:

Article 36:

1. Judgments, decisions, and orders issued in a foreign country may be ordered to be executed in Palestine under the same conditions prescribed in the said foreign country for the execution of Palestinian judgments, decisions, and orders, so long as there is no contradiction with Palestinian laws or the supreme national interest.
2. The request to execute judgments, decisions, and orders issued in a foreign country shall be requested through an action to be submitted before the Court of First Instance in the jurisdiction where execution is required, provided that such foreign judgments, decisions, and orders are certified by the competent authorities in due form.

Article37:

An execution writ may not be issued unless the following is verified:

1. The Courts of the State of Palestine do not have sole jurisdiction to adjudicate the dispute which is the subject matter of the judgment, decision, or order, and that the foreign courts which ruled over the dispute have jurisdiction according to the principles of jurisdiction in international law as enforced in their law.
2. The judgment, decision, or order has gained the force of res judicata according to the law of the court that issued it.
3. The judgment, decision, or order does not contradict a judgment, decision, or order previously issued by a Palestinian court and does not violate public order or public morals in Palestine.

Steps to Enforce a Foreign Judgment in Palestine

1. Filing a Petition: Submit a formal application to the Court of First Instance in the jurisdiction where execution is sought.
2. Certification and Legalization: The judgment must be certified as a true copy by the issuing court and legalized by the Palestinian Representative.
3. Translation: All documents must be translated into Arabic by a certified translator licensed by the Palestinian Ministry of Justice.
4. Authentication: Documents must be authenticated by the Palestinian Ministry of Foreign Affairs and Ministry of Justice.
5. Court Fees: Pay the required court fees to initiate the recognition process.

Precautionary Measures

In recognition of the potentially protracted nature of proceedings for the recognition and enforcement of a foreign judgment in Palestinian courts, any foreign judgment creditor may petition for a prejudgment attachment order upon initiating the recognition and enforcement legal proceedings.

Pursuant to Article 29(3) of the Civil Procedures No. 2 of 2001, Palestinian courts have jurisdiction over interim and precautionary measures that will be executed within Palestine, even if they lack jurisdiction over the original claim. Any foreign judgment creditor may petition the court pursuant to Articles 102–114 of the Civil Procedures and request a prejudgment attachment as an interim measure to protect against any transfer, sale, or encumbrance until a final judgment on the recognition and enforcement legal proceeding is issued.

To ensure a successful outcome, thorough due diligence on the debtor’s assets is crucial. Our firm’s expertise in Investigations & Corporate Registry Search can assist you in uncovering vital information about the debtor’s financial standing and asset locations, bolstering your case for interim relief.

The court’s discretion in granting such measures is exercised by carefully considering the following:

1. Threat to Legal Position: The claimant must demonstrate the existence of a specific and immediate threat to their legal position. The urgency must arise from the nature of the harm and the surrounding circumstances, rather than the claimant’s mere preference for expedited relief. In Case No. 389/2011, the Court of Appeal emphasized that the risk must be real, immediate, and supported by credible evidence, while speculative or unsubstantiated claims will not meet the threshold.
2. Irreparable Harm: The court will only grant relief where it is evident that the failure to act would result in irreparable harm to the claimant’s legal rights. As affirmed in Case No. 160/2016, such measures are temporary in nature and intrinsically linked to the substantive claim. Their purpose is to protect against time-sensitive risks, such as the dissipation or transfer of assets, that could undermine the enforceability of a future judgment.
3. Merits of the Claim: Article 105 of the Civil Procedures prohibits courts from engaging with the merits of the underlying claim when granting interim relief. In Case No. 160/2016, the Court of Appeal reiterated that these measures are provisional in nature and contingent upon the existence and outcome of the main claim.
4. Financial Security: Article 114 of the Civil Procedures permits the court to require the claimant to furnish financial security. This security ensures that the defendant is compensated for any damages resulting from the interim measure, should the claimant’s claims ultimately lack merit.

The claimant may petition for an interim order either before or after filing a claim for the recognition and enforcement of a foreign judgment. Under Article 107 of the Civil Procedures, if the court grants an interim order before the substantive claim is filed, the claimant must submit the claim within eight days of the order’s issuance. Non-compliance with this requirement will render the interim order void.

Key Case Law

In Case No. 1019/2022, the Court of Cassation upheld the recognition of a foreign judgment from Jordan requiring the appellants, as heirs of the deceased, to pay an adjudicated amount in addition to attorney’s fees and statutory interest, limited to their inherited share of the estate. The Court determined that the judgment did not conflict with Palestinian law, public order, or morals, as Palestinian law permits holding heirs liable for a deceased’s debts within the scope of the inheritance.

Regarding jurisdiction, the Court affirmed that local jurisdiction for enforcing foreign judgments is based on the location of the assets or the garnishee’s residence rather than the debtor’s residence. The Court found the judgment consistent with Articles 36 and 37 of the Execution Law, as it was issued by a competent court, reached finality on the merits, and did not contravene Palestinian law or public policy.

In Case No. 642/2018, the Court of Appeal addressed the fourth ground of appeal (which was that the First Instance Court had erred by not referencing the Riyadh Arab Agreement for Judicial Cooperation) and found it irrelevant to the appealed judgment.

The evidence presented by the plaintiff in the primary case included the foreign judgment sought for enforcement, specifically the certified judgment of the Zarqa Magistrate’s Court No. 130/2007 (Exhibit M/1). This judgment was subsequently upheld by the Amman Court of Appeal in decision No. 34375/2009 (Exhibit M/2), which bears the seal of the Ministry of Justice, confirming its acceptance and finality in Jordan. Further, the Jordanian Court of Cassation’s decision (Exhibit M/3) denied permission to appeal the Amman Court of Appeal’s ruling, thereby conclusively affirming the finality of the judgment.

All these exhibits were authenticated as a unified document by the relevant authorities, meeting the requirements of Article 36 (2) of the Execution Law, which mandates that foreign judgments be submitted before the Court of First Instance in the jurisdiction where enforcement is sought and be properly authenticated.

In Case No. 302/2016, the Court of Cassation upheld the recognition of a foreign judgment issued by the Sharia Court of Jerusalem in the occupied territories irrespective of the fact that Israeli courts do not enforce judgments issued by Palestinian courts and disregard the mutual obligations of reciprocity outlined in Article 4 (a) of the Agreement dated 5/5/1994 between Palestine and Israel.

In Case No. 1019/2022, the Court of Cassation upheld the dismissal of an appeal concerning the enforcement of a foreign arbitration award issued in Ohio, USA, requiring the defendant to pay a specified sum. The Court determined that the award met the requirements of Article 50 of the Arbitration Law and Articles 36 and 38 of the Execution Law, including authentication by a Palestinian diplomatic representative and compliance with reciprocity conditions.

The Court emphasised its role in verifying procedural compliance without addressing the merits of the arbitration decision. It concluded that the appellate court’s ruling was legally sound and consistent with applicable laws.

Is direct enforcement of a foreign judgment possible in Palestine?

No, foreign judgments must first be recognized by a Palestinian court.

What documents are required?

Certified true copy of the judgment, legalized and translated documents, and authentication by Palestinian authorities.

How long does the process take?

Timelines vary depending on case complexity and procedural requirements.

Can I apply for interim relief?

Yes, prejudgment attachment orders can protect assets during recognition proceedings.

What happens if recognition is denied?

Denials can be appealed to higher courts.

Conclusion

Enforcing foreign judgments in Palestine requires compliance with the provisions of Articles 36 and 37 of the Execution Law. By adhering to the outlined procedural steps, creditors can navigate the legal system effectively. Working with a legal firm in Palestine provided by experienced professionals can significantly improve the likelihood of a successful outcome.