Foreign Judgment Enforcement involves giving legal effect in Georgia to a court judgment or arbitration award rendered in another country. In a globalized world, a foreign company may win a dispute in London, Paris, or New York against a Georgian entity, but the debtor's assets are located in Georgia. For the foreign creditor to seize these assets, the foreign judgment must undergo "Recognition and Enforcement" by the Supreme Court of Georgia. This is a complex legal process requiring deep knowledge of private international law and conventions. Legal.ge offers lawyers specializing in cross-border enforcement to ensure the legitimacy of your foreign judgment in Georgia.
What Does Foreign Judgment Enforcement Service Cover?
The service covers the process from recognition to actual execution. It includes:
- Recognition Procedure: Filing an application with the Supreme Court of Georgia to recognize the foreign judgment.
- Arbitration Award Enforcement: Recognizing foreign arbitration awards under the 1958 New York Convention.
- Document Legalization: Apostille certification, translation, and notarization of the foreign judgment for the Georgian court.
- Defense Against Recognition (for Debtors): If you are the debtor, a lawyer can help prove that the foreign judgment violates Georgian public policy and should not be recognized.
- Forced Execution: Obtaining a writ of execution after recognition and seizing assets under local rules.
Real-World Scenarios Where You Need This Service
For example, a German company won a 100,000 EUR dispute against a Georgian partner in a German court. The debtor has nothing in Germany but owns a hotel in Tbilisi. The German judgment is not automatically valid in Georgia. A lawyer must apply to the Supreme Court of Georgia to check if due process was followed in Germany. Only after recognition can the German company attach the hotel.
Georgian Legal Framework
Recognition is regulated by the "Law on Private International Law" and "Law on Arbitration." Georgia is a party to the New York Convention, simplifying arbitration enforcement. Key factors are "reciprocity" and compliance with "public policy." The Supreme Court does not re-examine the merits of the case but checks formal compliance.
The Process Step-by-Step
1. Preparation: Apostille certification of the original judgment and proof of finality. 2. Translation: Qualified translation into Georgian. 3. Application: Filing with the Supreme Court (or Appellate Court for arbitration). 4. Review: Court checks for impediments (e.g., proper notice to debtor). 5. Ruling: Recognition and permission to enforce.
Why Choose a Specialist on Legal.ge?
This is a highly formal process. Even one incorrectly formatted document can lead to rejection. On Legal.ge, you will find international law experts who will navigate your judgment through Georgian bureaucracy.
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