A judgment rendered by a foreign court is not automatically valid within the territory of Georgia. For a foreign judgment (e.g., debt collection, divorce, or damages) to be enforced in Georgia, it must undergo a special legal procedure called "Recognition and Enforcement" (Exequatur). This process involves the Supreme Court of Georgia reviewing the judgment for formal compliance. If the court recognizes the judgment, it is granted the same legal force as a judgment of a Georgian court, and a writ of execution is issued.
A similar process is required if you wish to enforce a Georgian court judgment abroad. The recognition and enforcement procedure can be complex and lengthy, especially if the opposing party resists the process and tries to prove that their procedural rights were violated or that the judgment contradicts Georgian public policy. Specialists featured on Legal.ge offer full legal support in this process, covering document preparation, court representation, and subsequent interaction with the enforcement bureau.
What does the Judgment Recognition & Enforcement service cover?
- Filing Court Application: Preparing and submitting a substantiated application to the Supreme Court of Georgia requesting recognition of the foreign judgment.
- Document Legalization: Ensuring the foreign judgment and other documents are apostilled and obtaining notarized translations.
- Analysis of Refusal Grounds: Developing a defense strategy in case the opposing party argues a violation of "Public Policy" or lack of proper notice.
- Enforcement of Arbitral Awards: Recognizing and enforcing foreign arbitral awards in the Court of Appeals based on the New York Convention.
- Enforcing Georgian Judgments Abroad: Consulting and coordinating with foreign partners to recognize a Georgian judgment in another country.
- Compulsory Enforcement: Obtaining the writ of execution after recognition and working with a private or state enforcement officer to recover funds.
Common scenarios requiring this service
The most common scenario is a commercial dispute where a foreign company won a lawsuit against a Georgian company in its home country, but the debtor only has assets in Georgia. To recover the debt, the judgment must be recognized in Georgia. A second scenario involves family disputes, for example, a judgment on alimony or child custody obtained abroad that needs to be enforced in Georgia. A third case is an arbitral award (e.g., London arbitration) used to freeze company accounts in Tbilisi.
Georgian Legal Framework
The procedure is regulated by the Law of Georgia on Private International Law and the Civil Procedure Code. It is crucial whether there is a treaty on legal assistance between Georgia and the respective country. If no such treaty exists, recognition is based on the principle of "Reciprocity" (although the law does not strictly demand this, it is important in practice). For arbitral awards, the Law on Arbitration and the 1958 New York Convention apply.
Step-by-step service process
The process begins with confirming that the foreign judgment has entered into legal force. Then, an application is prepared for the Supreme Court. The court checks only the formal aspects (whether the foreign court observed procedures) and does not re-examine the case on its merits. The defendant is given an opportunity to present their views. If a positive ruling is issued, a writ of execution is granted, initiating compulsory enforcement.
Why choose a specialist on Legal.ge?
The recognition and enforcement process is full of formal pitfalls. One incorrectly certified document or a missed deadline can be grounds for refusal. On Legal.ge, you will find lawyers who have experience working with the Supreme Court and know how to turn a foreign paper into real money in Georgia.
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