What is Exequatur?

What is Exequatur?

Exequatur is a legal procedure that involves the recognition and enforcement of a foreign court judgment or arbitral award in a particular country. Essentially, it is the process by which a foreign judgment or award is made valid and enforceable within a particular jurisdiction.

In practice, exequatur typically involves a request made by the party seeking enforcement of the judgment or award to the courts of the country where enforcement is sought. The requesting party must provide evidence of the foreign judgment or award, as well as any necessary translations, and demonstrate that it meets certain legal requirements for recognition and enforcement under the laws of the requested country.

The requested court will then review the foreign judgment or award and determine whether it should be recognised and enforced within the requested jurisdiction. This may involve a review of the foreign court's jurisdiction, compliance with due process requirements, and the compatibility of the foreign judgment or award with the laws of the requested jurisdiction.

Once the requested court grants exequatur, the foreign judgment or award is treated as if it were a domestic judgment or award within the requested jurisdiction, and can be enforced accordingly. However, it is important to note that exequatur is not a universal process, and different countries may have varying requirements and procedures for recognising and enforcing foreign judgments and awards.
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