What Recognition and Enforcement of Foreign Judgments Means
In global trade and migration it often happens that a judgment is rendered in one country while its enforcement — realization against property or money — is needed in another. The Georgian Law on Private International Law regulates this process by the exequatur route: first the judgment must be recognized in Georgia, and only then enforced. Under the law, Georgia recognizes foreign court judgments that have entered into legal force. Recognition is examined by the Supreme Court of Georgia, and enforcement takes place only where the judgment is subject to enforcement.
When Recognition Is Refused
The law lists the grounds of refusal: the case falls within Georgia's exclusive competence; the party was not notified of the court summons through delivery of a notice under the legislation of the rendering country, or other procedural violations occurred; between the same parties on the same dispute there exists a Georgian judgment in legal force or a decision of a third country's court recognized in Georgia; the court that rendered the judgment is not considered competent under Georgian legislation; the foreign country does not recognize Georgian judgments; between the same parties on the same subject and ground a court proceeding is pending in Georgia; or the judgment contradicts the fundamental legal principles of Georgia. Knowledge of this list allows the prospects to be assessed before filing — the existence of even one ground erases the whole process. Exceptions exist: where the foreign country does not recognize Georgian judgments, recognition is still possible if the judgment does not concern property rights and local jurisdiction is not established for them by Georgian legislation; and where a proceeding is pending in Georgia, recognition becomes possible after that case ends.
The Enforcement Procedure and the Application
On civil and labor cases, enforcement of foreign judgments takes place upon the application of an interested party, and the decision on the application belongs to the competence of the Supreme Court of Georgia. The application for enforcement must be accompanied by a certified copy of the judgment and a certified Georgian translation, as well as a notice of the judgment's entry into force and the necessity of its enforcement, unless this follows from the text of the application. During examination the court establishes whether the conditions of recognition are observed; an oral hearing will not be held unless the parties request it. The respondent must be served with the application and informed of the right to express an opinion and to request an oral hearing. The decision on enforcement is taken in the form of a ruling, and the rulings and decrees adopted under this chapter are appealed in the manner established by legislation.