November 14, 2024

Recognition and Enforcement of a Georgian Court Judgment in the United Kingdom

When a Georgian court issues a judgment involving a party located in the United Kingdom, the matter of recognising and enforcing this judgment in the UK must be addressed. The recognition and enforcement of foreign judgments are governed by international agreements, with Georgia and the UK having reciprocal obligations under the Convention on the Recognition and Enforcement of Foreign Judgments. This overview outlines the essential steps for recognition and enforcement of a Georgian court judgment within the UK.
Recognition of a foreign judgment refers to the process whereby a decision issued by a court in one country is acknowledged as binding and enforceable in another jurisdiction. In the UK, the framework for this process includes the Convention on the Recognition and Enforcement of Foreign Judgments, to which Georgia is a signatory. Furthermore, the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards establishes international standards for recognising arbitration agreements and enforcing both foreign and non-domestic arbitral awards. The term “non-domestic” encompasses arbitral awards that, though issued within the enforcing state, involve a foreign procedural element, such as the application of another country’s procedural law.
To enable a Georgian court judgment to be recognised and enforced in the UK, adherence to a specific procedure is necessary:
Submit either the original or a certified copy of the Georgian court judgment, accompanied by an English translation bearing an apostille.Upon assembling the documentation, an application for recognition of the Georgian judgment should be filed with the relevant UK court. The court will review whether the judgment meets the stipulated requirements of the Convention.
In considering the application, the UK court will assess key factors, including:
- Whether the Georgian judgment is final and enforceable in Georgia. - Whether due process rights were fully observed for all parties in the Georgian proceedings. - Whether any grounds for refusal exist, such as inconsistency with UK public policy.
Once recognised by the UK court, the judgment becomes enforceable. At this stage, enforcement measures may be pursued, such as debt recovery or execution of any obligations outlined in the judgment. Following recognition, the UK court may issue an order to commence enforcement proceedings.
Enforcing the judgment may require coordination with local authorities, potentially involving the freezing of assets or other forms of compulsory execution.
Recognition and enforcement procedures in the UK may involve some delay, as UK courts will undertake a rigorous examination to ensure compliance with international standards. Although the Convention provides a framework, UK courts retain the discretion to refuse recognition where a judgment is deemed to contravene fundamental principles of UK law, such as public policy. However, a judgment issued by a Georgian court of general jurisdiction may be eligible for expedited and simplified proceedings in the UK court system.
While the recognition and enforcement of a Georgian judgment in the UK involves formal procedures, it remains achievable through the Convention on the Recognition and Enforcement of Foreign Judgments. Engaging experienced legal counsel is vital to ensuring the successful navigation of this process, from preparing the necessary documentation to lodging the application and overseeing all stages of recognition and enforcement.
For assistance in recognising a Georgian court judgment in the UK, Rokhvadze & Partners is prepared to provide expert legal support in managing international cases.