The Route to Enforcing a Foreign Decision
Enforcing in Georgia a decision issued by a court of another state proceeds in two stages: first, the decision must be recognized in accordance with the treaties on private international law and on mutual legal assistance, under the procedure established by Georgian legislation, and the competent Georgian court must issue an enforcement writ; then the decision and the writ go for execution to the National Enforcement Bureau through the Ministry of Justice of Georgia. The decision is executed under the Law on Enforcement Proceedings — a recognized foreign decision is carried into effect by the same machinery as a domestic one: the same measures, the same fee, the same rules. The creditor's practical task is therefore twofold: to secure recognition under the treaty basis and to obtain the writ correctly — after that, the domestic system works as for Georgian decisions. The treaty basis deserves emphasis: the conditions of recognition are tied to the treaties, so decisions of different states require different procedural routes, and a mistaken assessment leads to refusal already at the recognition stage.
Where Foreign Decisions Sit in the Catalogue of Enforceable Acts
In the catalogue defined by Article 2 of the Law, foreign elements occupy a clear place: subject to enforcement are decisions of a foreign court and of the International Criminal Court whose execution is provided for by Georgian legislation; arbitral awards and decisions of foreign or international arbitration whose execution is provided for by international treaties; and decisions and authenticated settlements under the Hague Convention of 2007 on the international recovery of child support, on which the competent court has ruled on recognition and enforcement. The catalogue also includes judgments of the European Court of Human Rights binding on Georgia under the Convention — their execution follows a special regime without a writ.
The catalogue further shows that a foreign decision stands in the same list as domestic court decisions, criminal judgments on fines, confiscation or victim compensation, administrative offense decisions, notarial acts and mediation settlements.