Khalil Asayesh, Iranian lawyer
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Evidence and conditions for the execution and enforcement of the Turkish court ruling and the arbitral award issued by Turkey in Iran
It is necessary to explain the relevant law and the conditions of execution of the Turkish court ruling and the arbitral award issued by Turkey in Iran are somewhat different and in some respects similar.
First of all, he points out that the basic law for the execution of a Turkish court ruling in Iran is the Civil Judgment Execution Law. In addition, the documents required by the Iranian court to execute a Turkish court ruling like other countries are relatively uniform, as follows: is:
1. A copy of the Turkish court ruling whose authenticity or origin has been certified by a political or consular officer of the issuing country or its certified translation into Persian.
2. A copy of the execution order of the Turkish court issued by the relevant competent authority with its certified translation. (Executive)
3. Certificate of the political or consular representative of Iran in Turkey where the sentence was issued with the political consular representative of the issuing country in Iran regarding the issuance and execution of the sentence by the competent authorities.
4- Certificate of signature of the political representative by the Ministry of Foreign Affairs of Iran.
Therefore, these documents are among the first cases of filing a petition for the execution of a Turkish court in Iran. Of course, having these documents is not a reason for the final execution of the verdict in Iran, because Iran has a judicial agreement with many countries and in many cases the verdict is not executed. Doing so has special legal complexities, and in many cases the law of the country issuing the foreign judgment must be interpreted and cited for the Iranian court.
However, regarding the implementation of the arbitration award issued by Turkey, it is necessary to explain that with the ratification of the New York Convention and its entry into Iranian law, the legislature has been somewhat less strict in requesting documents regarding the enforcement of Turkish arbitration awards, although unfortunately many Our courts do not accept the obligation of this law. In fact, in Article 4 of the New York Convention, the following documents are sufficient for the execution of foreign arbitral awards in Turkey by the competent court of Iran:
1- The original copy of Mossadegh or a copy of Mossadegh Hakm. 2- The original agreement regarding arbitration or its certified copy. 3. If the arbitration award or agreement is not written in the official language of the executing country, the applicant for the execution of the arbitration award in Turkey must prepare and submit a translation of the award or the agreement into the language of the enforcement country. The translation must be certified by a sworn official translator or consular political representative.
Given that the provisions of the Convention on the Enforcement of Arbitration are currently applicable in Iran, in theory it is necessary to submit other documents reflected in Article 173 of the Law on Enforcement of Judgments, which sets out the general rules governing judgments. No, because the provisions of Article 173 must be applied to enforce the ruling of the Turkish court, and the provisions of Article 4 of the New York Convention apply to the enforcement of the judgment and arbitral award of Turkey, but again there is a practical conflict in this regard. Due to invoking the law, they have issued a decision rejecting the lawsuit and the ruling of Turkey.
How to execute the verdict and arbitration sentence of Turkey
The New York Convention does not provide specific rules on how to enforce an arbitral award in Turkey, so how to enforce these judgments should be sought in domestic law. This position of the Convention is understandable because the judicial proceedings, as well as the manner of execution of the judgment and the arbitration award of Turkey and the consideration of the objections of the parties are an arbitration award subject to the domestic law of each country, each acting according to its own provisions and public order and tradition. . In this regard, Article 178 of the Civil Judgments Enforcement Law of Iran stipulates that “foreign judgments and documents shall be executed in accordance with the Civil Judgments Enforcement Regulations”, ie the applicant must file a petition for their enforcement and the competent court after the hearing or above. Extremely consider all the conditions, requirements and restrictions, if possible, to issue a verdict of the European Court.
According to the general rules of Iranian domestic law, the verdict of the Iranian court is notified to the convict and the foreign person requesting the execution of the Turkish court ruling or the execution of the Turkish arbitral award, but the objection to the Iranian court ruling for the execution of the foreign verdict has very special and complex conditions. In such a way that if the Iranian court accepts or rejects the request for enforcement of the verdict and the ruling of the Turkish court, the conditions for appealing against the verdict will not be included in the protest steps provided in the Code of Civil Procedure because in normal circumstances in the law Iran In the event of a verdict or decision in cases of financial judgments, the convicted person and the convicted person with a specific time limit, which is usually 20 days, will appeal to the Court of Appeals, but this is not the case with foreign votes. The ruling of the Turkish court or the ruling on the execution of the European Court of Justice is a completely different situation for the applicant and the convicted person. Unfortunately, there are different procedures and interpretations of the Civil Judgment Enforcement Law and other current law in this regard.And choosing the right path requires work and practical experience.
With regard to the objectionability or non-objection of the enforcement of the arbitral award of Turkey, the only thing mentioned in the New York Convention regarding the settlement of disputes and objections to the enforcement of the arbitral award and judgment is the provisions of Article 4 of the Convention, which provides:
“If the request for annulment of the arbitral award has been submitted to the competent authority subject to part” e “of Article 5, the authority to which the arbitral award is invoked may, if it deems appropriate, revoke the decision to execute the award or at the request of the applicant. “The vote should be taken on behalf of the appropriate reciprocity.”
Do you need an expert lawyer to execute a foreign judgment in court?
Many believe that with the issuance of a foreign verdict against the convicted Iranian, it is easy to continue the path, including the verdict of the Iranian court to execute the foreign verdict, and the Iranian court in any case executes the foreign verdict in person and in absentia. Or done this by any lawyer. While the implementation of foreign votes, especially the implementation of the votes of countries that do not have a treaty and reciprocal agreement with Iran, has a very high sensitivity and complexity so that the importance of obtaining a verdict in Iran to implement the vote, less than obtaining a final substantive verdict It is not outside Iran.
Therefore, due to the specificity of the issue, very few lawyers have experience in this regard and are aware of the strengths and weaknesses of the law, and using a professional lawyer can play a significant role in not wasting money and a lot of effort to obtain a foreign ruling. , To play.
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Evidence and requirements for the implementation of court rulings and arbitral awards of European countries in Iran