Civil Law and Enforcement
Enforcement of Foreign Judgments and Arbitral Awards in Jordan
This summary outlines how Jordanian courts treat the recognition and enforcement of foreign court judgments and arbitral awards under the Execution of Foreign Awards Law No. 8 of 1952. It summarizes the formal requirements for bringing an enforcement request, common grounds for refusal, and practical limits such as public order and reciprocity considerations.
Courts and procedure
Civil Law and Enforcement
Updated: 8 December 2021
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This summary outlines how Jordanian courts treat the recognition and enforcement of foreign court judgments and arbitral awards under the Execution of Foreign Awards Law No. 8 of 1952. It summarizes the formal requirements for bringing an enforcement request, common grounds for refusal, and practical limits such as public order and reciprocity considerations.
Key points
- Legal Framework and Scope
- Formal Documents Required for Enforcement
- Grounds for Refusal and Practical Effects
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Legal Framework and Scope
Enforcement of foreign judgments and arbitral awards before Jordanian courts is governed by the Execution of Foreign Awards Law No. 8 of 1952. The statute covers foreign decisions in civil and religious matters that impose monetary obligations, including final arbitral awards that are ready for execution.
Formal Documents Required for Enforcement
An enforcement applicant must submit specific documents to Jordanian courts: a certified copy of the foreign judgment or award, an official Arabic translation if the document is not in Arabic, an authoritative statement confirming the award’s finality and enforceability, and a power of attorney for the applicant’s representative. Missing documents may delay or prevent acceptance of the filing.
Grounds for Refusal and Practical Effects
Jordanian courts may refuse enforcement for several reasons intended to safeguard the defendant’s rights and align with domestic law. Typical grounds include lack of jurisdiction by the foreign forum, absence of jurisdiction over the defendant (no residence, business activity or consent), failure of proper service preventing defense, fraud in obtaining the award, lack of finality, and conflict with Jordanian public order or morals. The defendant bears the burden of proving that the issuing country does not reciprocally enforce Jordanian judgments. Where a ground for refusal is established, courts either refuse enforcement outright; they do not modify the foreign decision.
Enforcement of Arbitral Awards and Treaty Considerations
International instruments such as the 1958 New York Convention apply to the enforcement of international arbitral awards among signatory states, facilitating reciprocal enforcement. Nevertheless, treaty obligations do not eliminate domestic procedural requirements or the court’s ability to refuse enforcement on recognized legal grounds, including public order considerations and missing documentation.
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Frequently asked questions
Legal Framework and Scope?
Enforcement of foreign judgments and arbitral awards before Jordanian courts is governed by the Execution of Foreign Awards Law No. 8 of 1952. The statute covers foreign decisions in civil and religious matters that impose monetary obligations, including final arbitral awards that are ready for execution.
Formal Documents Required for Enforcement?
An enforcement applicant must submit specific documents to Jordanian courts: a certified copy of the foreign judgment or award, an official Arabic translation if the document is not in Arabic, an authoritative statement confirming the award’s finality and enforceability, and a power of attorney for the applicant’s representative. Missing documents may delay or prevent acceptance of the filing.
Grounds for Refusal and Practical Effects?
Jordanian courts may refuse enforcement for several reasons intended to safeguard the defendant’s rights and align with domestic law. Typical grounds include lack of jurisdiction by the foreign forum, absence of jurisdiction over the defendant (no residence, business activity or consent), failure of proper service preventing defense, fraud in obtaining the award, lack of finality, and conflict with Jordanian public order or morals. The defendant bears the burden of proving that the issuing country does not reciprocally enforce Jordanian judgments. Where a ground for refusal is established, courts either refuse enforcement outright; they do not modify the foreign decision.
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