Enforcement/Recognition of Foreign Judgments and Expert Legal Opinions:

Enforcing and Recognizing Foreign Money Judgments in Israel: 
 Litigation often involves a debtor  in a foreign country. It is therefore vital for the attorney handling the case to plan in advance how to enforce overseas any  judgment that may be obtained.  Often there are similarities between countries as to the requirements and procedures to enforce and/or recognize foreign capital judgments, there are however also major differences.  Failure by the lawyer to properly understand the issues in advance of commencing litigation could result in the judgment being unenforceable in the country where the judgment debtor and/or his assets are located.  If the judgment is unenforceable, the judgment creditor will be faced with the prospect of commencing litigation anew against the judgment debtor in the foreign country, with all the risks involved.
In the absence of a treaty (Israel only has a treaty with a few countries), enforcement of a foreign judgment will be decided according to Israeli law.  In practice Israeli courts have been enforcing  and recognizing  foreign judgments in cases involving judgments from countries which also enforce Israeli judgments (most Western countries) under the doctrine of "reciprocity".  However counsel  must be aware of the  specifics of the country's prerequisites and procedures that govern the enforcement and recognition of foreign judgments.
In Israel's case the court has a hearing in order to decide whether the foreign judgment meets the Israeli law requirements.  The court considers the following:
(1)  the court of origin had jurisdiction over the judgment debtor;
(2)  the judgment debtor was notified of the commencement of the court of origin's proceedings (our recommendation is to work in accordance with the "Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Convention on Service))" ;
(3)  the enforcement of the judgment would not violate local public policy;
(4)  the foreign judgment is a final judgment;
(5)  the country where the foreign judgment was given would enforce Israeli judgments (reciprocity).
In conclusion the enforcement and/or recognition of foreign judgments is a highly recommended option to the creditor seeking to recover owed money.  It cancels the need to litigate in Israel and saves much time and money.  However, in order to realize this option the attorney handling the enforcement/recognition of the foreign judgment in Israel must be very precise in his handling of the procedure.
 
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