Recognition and enforcement of the foreign courts decisions in Azerbaijan
- Emil Khudiyev (Lawyer)
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Hooray! A foreign court has finally got a decision in your favor. “This is the victory!” you thought when you received the long-awaited court decision. The second question that comes is “What is next? What to do with the decision?”.
You have already made the right first step – you started searching for a competent lawyer in Azerbaijan in order to sort this out in a timely manner.
So how to recognize and enforce the foreign courts decisions in Azerbaijan?
Let’s review the procedure step by step…
What is recognition of the foreign courts decision?
Recognition of a foreign courts decision is a kind of “consent” of the courts of Azerbaijan to give legal force to decisions of competent foreign institutions (courts, arbitrations, etc.) of justice, including the enforce of the decision.
Decisions of foreign courts and arbitrations are decisions on civil and commercial disputes, sentences on criminal cases in terms of compensation for damage caused by a crime, decisions of arbitrations, as well as other acts of foreign states.
In Azerbaijan, the recognition of foreign courts decisions takes place on the basis of mutual consent of the states, or in cases provided for by laws and international treaties to which the Republic of Azerbaijan has acceded.
Decisions of courts and arbitrations of foreign states may be executed and recognized in Azerbaijan if they do not contradict the legislation of Azerbaijan and mutually guaranteed.
Procedure of recognition and enforcement of the foreign courts decisions
The recognition procedure begins with the submission of an application. An application for recognition of foreign courts decisions is considered by the Supreme Court of Azerbaijan.
The following documents should also be included:
– copy of the foreign courts decision with a mark confirming the entry into force of this decision (also possible to provide a relevant document or an extract from the court);
– document evidencing the proper notification of the party that did not participate in the trial and against which the decision was made;
– copies of documents (case materials) certified and translated into Azerbaijani.
An application for recognition and enforcement of a foreign courts decision is considered in an open session with notification of the persons participating in the case. As a result, the Supreme Court makes a decision on the recognition or refuses to recognize the decision of a foreign court.
Based on the foreign courts decision and the decision of the Supreme Court of Azerbaijan, an enforcement order is issued, which is sent to the Main Enforcement Department of the Ministry of Justic (General Department of Bailiffs) for the enforcement of this decision.
FAQ
Why can you be refused to recognize decisions of foreign courts?
1. where review of case relates to exclusive jurisdiction of court of the Azerbaijan Republic;
2. where person participating in case has been deprived of possibility of participation in proceeding due to untimely delivery of notification of case hearing or due to delivery of notification of case hearing in improper manner;
3. where there is an entered into legal force judgment of courts of the Azerbaijan Republic between same parties, relating to same subject and based on same grounds or where courts of the Azerbaijan Republic had commenced, prior to commencement of case in courts of foreign countries, proceeding on case between same parties, relating to same subject and based on same grounds;
4. where judgment has not entered into legal force in accordance with legislation of the state where the judgment has been issued;
5. where enforcement of resolution is contrary to general principles of legislation of the Azerbaijan Republic or its sovereignty;
6. where mutual relations of foreign state are not secured.
During what period could the decision of the foreign court be recognized and enforced?
Decisions of foreign courts may be turned for enforcement within 3 years from the date of their entry into force.
What decisions of foreign courts do not require execution?
The following decisions of foreign courts do not require execution and are recognized in the Azerbaijan:
1. Decisions that affect the personal status of citizens of the state in respect of which the decision is made;
2. Decisions on the annulment or invalidation of a marriage between citizens of Azerbaijan and foreigners, in cases where, at the time of annulment or invalidation of the marriage, one of the spouses lives outside the Republic of Azerbaijan;
3. Decisions on the annulment or invalidation of a marriage between citizens of Azerbaijan, in cases where at the time of annulment or invalidation of the marriage, both spouses live outside of Azerbaijan.
Is it necessary to recognize decisions on family issues in Azerbaijan?
If a marriage is annulled, declared valid or invalid on the basis of a foreign courts decision, then to execute such a decision its recognition by the Supreme Court of Azerbaijan is required.
Recognition of the decision is not required if, at the time the decision was made, both spouses were citizens of the state whose body dissolved the marriage.
What cases fall under the exclusive jurisdiction of the courts of Azerbaijan?
1. cases relating to property right over immovable property including claims in respect of lease or pledge of the property where property being their subject matter is located on the territory of the Azerbaijan Republic;
2. cases relating to recognition of validity or invalidity of legal entity and dissolution of legal entity or repeal of its decisions where legal entity has legal address (place of location) in the Azerbaijan Republic;
3. cases relating to claims in respect of recognition of validity of patents, marks or other rights where registration or application for registration of these rights has been carried out in the Azerbaijan Republic;
4. resolution relating to obligatory enforcement actions issued in the course court review where it has been raised or enforced in the Azerbaijan Republic;
5. cases relating to claims against carriers arising out of carriage contracts;
6. cases relating to dissolution of marriage of citizens of the Azerbaijan Republic with foreigners or stateless persons where both spouses have place of residence in the Azerbaijan Republic.
How EMZE can help you?
In order to recognize the foreign courts decision in Azerbaijan, it is strategically important to choose a competent approach in order to ensure the achievement of the desired result. Help of a lawyer in such a case is a must have!
Other legal services in the field of migration law, you can find in “My Services” section.
Need a Lawyer in Azerbaijan? Just Call Emil!
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