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Enforcement of Foreign Judgments in Iran

Given the vastness and continuity of different parts of the world, these days cross-border interactions have become an integral part of the international trade and commerce system. As a result, disputes and lawsuits involving foreign individuals are more noticeable than ever.

It can be said that understanding and enforcement of foreign judgments in Iran is essential for all societies. Iran, due to its economic and commercial potential, has now become a major hub for trade, investment, and commerce in the Middle East. Consequently, legal disputes, especially between foreign individuals, are more prominent. At Alka Law Office in Iran, we have specialized lawyers & attorneys in the field of enforcement of foreign judgments in Iran, and we are here to assist you with all legal cases from start to finish.

Alka Team’s attorneys in Iran offers comprehensive legal consultancy about enforcement of foreign judgments in Iran

Recognize and Enforcement of Foreign Judgments Meaning

According to the civil laws of Iran, the enforcement of foreign judgments in Iran and the review of valid cases that have been issued outside of Iran are not possible in Iranian courts unless these judgments are re-issued and pursued in accordance with Iranian laws. Identifying foreign judgments here means recognizing and formalizing an issued ruling.

Enforcement of foreign judgments in Iran means implementing the same ruling that has been officially recognized. Therefore, the enforcement of a foreign judgment is not executable until it is recognized in accordance with Iranian laws. Additionally, the identification of judgments will not always lead to their enforcement.

Costs

The cost of enforcing foreign judgments and handling foreign cases in Iran is as follows:

Enforcement of Foreign Judgments Conditions

When an applicant submits a petition or application for handling a foreign case and enforcing foreign judgments in court, the court will first review the normal conditions and documents provided. After the initial review, the applicant will be notified whether the consideration of this application is feasible or not.

The main conditions for handling the case:
  1. Mutual obligations: According to the civil laws of Iran, enforcing foreign judgments in Iran requires the country where the judgment is issued to recognize and fully implement the laws and court decisions of Iran.
  2. Another key condition for handling and enforcing foreign judgments in Iran stated in Iran’s civil laws is that foreign judgments should not contradict Iran’s norms and social laws. For example, Iranian courts do not recognize the enforcement of foreign laws regarding drugs and alcoholic beverages. In such cases, the court provides two options:
  • . The first option is for the Iranian court to reject the enforcement of foreign judgments in these cases.
  • . The second option is for the Iranian court not to accept the decision of the foreign court and to handle a new case based on domestic laws and social norms regarding violations in Iran.
  1. Foreign judgments should not conflict with the decisions of Iranian courts. Judgments issued by foreign courts should not fall within the exclusive jurisdiction of Iranian courts and judges.
  2. The implementation of foreign judgments in Iran should not involve the displacement or transfer of rights, properties, and assets related to Iran.
  3. Enforcement of foreign judgments is only recognized and executed in the country where the judgment is issued if it is final and necessary, presented formally by the court, and not subject to cancellation or annulment. Temporary orders or temporary enforcement of judgments are not enforceable in Iran.
  4. Foreign judgments should not conflict with international treaties signed by the Iranian government or with the provisions of specific laws.

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