Implementation of Foreign Court Rulings in Iran

 

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I am Khalil Asayesh ( iranian lawyer from the Tehran Bar Association with licensea number 21129) Thank you for choosing my site to use legal services. We would like to inform you that this site has been set up with the aim of improving the level of legal information, legal advice and solving problems of domestic and international law.

My specialty is in the field of international companies and contracts, I have experience in advocacy in international arbitration, as well as experience in enforcing foreign judgments in Iranian courts and courts outside Iran (including Germany, France, Turkey, UAE.and Oman), so I am ready to provide you with legal services in this regard.


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Obstacles to the Implementation of Foreign Court Rulings in Iran :

Discussion: Sometimes there are some obstacles that the sentences issued by foreign courts cannot be executed. In other cases, these barriers may be implemented even after the sentence has been identified. This means that the obstacles to the implementation of sentences are mainly raised after the identification of the sentence. Because until a verdict is identified, it is not discussed that in the absence of some conditions for the implementation of the sentence, the obstacles to implementation will be discussed. In this section, we have divided the obstacles to the implementation of sentences into two categories: the subseceptive obstacles to the implementation of foreign sentences and the difficult obstacles to the implementation of foreign sentences, and then we deal with the status of sentences related to the matters of the law and the penal code. This division has been introduced by the authors for the first time and tries to see all aspects of the obstacles to the implementation of sentences.

A) Form barriers: Most of the obstacles are divided into 7 categories. In other words, if there are cases that will come, foreign rulings cannot be enforced, and if there are 7 missing cases, there will be no case for non-implementation of foreign sentences: the obstacles are as follows:

1- Irregularity of the proceedings and the lack of initial observance of the proceedings and the deprivation of the right to defend: Mainly, even in domestic law and internal judicial authorities, irregular proceedings and non-compliance with the principles of the proceedings cause the verdict to be unsealed. (Farideh Shokri, 2013, pp. 37-38). Failure to comply with these standards is considered to be the right to defend the claimant against them, and in fact, the principles of the proceedings, which are different from the due process, cause the sentence to be carried out, although it may be applicable in the country where the issuance is issued, but will not have an external effect. The objective manifestation of this case is stated in Article 44-51 of the Agreement Law of the Government of the Islamic Republic of Iran and the Government of the Russian Federation in civil and criminal cases,