Procedure for Enforcing a Foreign Judgment

Once the case is filed, the Iraqi court undertakes the necessary investigations, including notifying the judgment debtor, whether they reside within or outside Iraq. Upon completing the required hearings and investigations, the court renders a decision either approving or rejecting the enforcement of the foreign judgment. This decision is based on the conformity of the foreign judgment with Iraqi legal provisions.


Court Procedures for Handling Enforcement Cases

When a lawsuit is filed for an enforcement order, the court schedules a hearing and ensures that the judgment debtor is properly notified, whether inside or outside Iraq. The court then conducts its review, completes all required legal procedures, and issue its decision either approving or rejecting the enforcement request in accordance with Articles (4) and (5) of the law.


Conditions for Enforcing a Foreign Judgment

Every judgment submitted to the court for the purpose of obtaining an enforcement decision must meet the requirements stipulated in Article (6) of the law. The court has the authority to independently verify the fulfillment of these conditions, regardless of whether they are raised by the parties before the court. These conditions include:

  1. Proper Notification Procedures: The judgment debtor must have been duly notified in accordance with the legal procedures recognized in the country where the judgment was issued.
  2. Jurisdiction of the Foreign Court: The foreign court issuing the judgment must have had proper jurisdiction, as stipulated under Article (7) of the law, including:
  • The case concerns movable or immovable property located in the foreign country.
  • The case arises from a contract executed in the foreign country or intended to be performed there, wholly or in part.
  • The case pertains to acts committed in whole or in part within the foreign country.
  • The judgment debtor was residing or engaged in business in the foreign country at the time the lawsuit was filed.
  • The judgment debtor voluntarily appeared before the foreign court.
  • The judgment debtor explicitly accepted the foreign court's jurisdiction.
  1. The Judgment Must Be Civil in Nature: The foreign judgment must pertain to a debt, a monetary obligation, or civil compensation if the original case involved criminal proceedings.
  2. Compatibility with Iraqi Public Policy: The foreign judgment must not contradict Iraqi public laws or violate principles of justice prevailing in Iraq.
  3. The Judgment Must reached its final degree of Enforceability: The foreign judgment must have reached enforceability degree in the issuing country, meaning it has undergone all necessary appellate procedures and is legally binding.


The Federal Court of Cassation, in its ruling No. 10023/Civil Chamber/2024, dated October 28, 2024, reaffirmed the principle that “a foreign judgment intended for enforcement in Iraq must be of a civil nature, specifically related to a debt, a specific monetary amount, or a civil compensation if issued in a criminal case.”

Decisions issued by the court in absentia are subject to the same rules governing objections and may be appealed exclusively before the Court of Cassation.


Procedural Aspects of Enforcing Foreign Judgments

Foreign judgments subject to enforcement in Iraq are governed by the provisions of the Iraqi Enforcement Law No. 45 of 1980 (as amended), as stipulated in Article (3) of the Enforcement Law. While the Foreign Court Judgment Enforcement Law outlines strict procedures for executing foreign judgments, certain exceptions exist that simplify the enforcement process. One of the most notable exceptions includes judgments issued by countries that are signed Arab Convention for Judicial Cooperation.


Exceptions to the Enforcement of Foreign Judgments

Although the Law on the Enforcement of Foreign Judgments in Iraq outlines precise procedures for executing foreign judgments, certain exceptions exempt specific rulings from this complex process. One of the most significant exceptions applies to judgments issued by countries that signed to Arab Convention on Judicial Cooperation, ratified by Iraq under Law No. 110 of 1983. If a judgment is issued by a court in one of these countries, it is automatically enforceable in Iraq without the need to initiate legal proceedings before an Iraqi court for a separate enforcement ruling, this is because Iraq is a member state of the aforementioned convention. The Federal Court of Cassation has consistently adopt this principle in multiple rulings.


Arab Convention on Judicial Cooperation

This convention was signed between Arab countries, including Iraq, under Law No. 110 of 1983. According to this agreement, judgments issued by courts in member states are directly enforceable in Iraq without the need for additional enforcement procedures before Iraqi courts. This legal facilitation is part of broader regional efforts to enhance judicial cooperation, strengthen cross-border legal enforcement, and promote economic and social ties among Arab nations. It significantly benefits individuals and businesses by allowing seamless enforcement of judicial decisions across borders without complex legal procedures.


Judicial Precedents on Foreign Judgment Enforcement

Iraqi courts have established multiple judicial principles regarding the enforcement of foreign judgments. For instance, in Decision No. 10023/Civil Committee/2024, the Federal Court of Cassation reaffirmed that a foreign judgment must relate to a financial obligation, a specific sum of money, or a civil compensation rule if issued in a criminal case. The court also emphasized that foreign judgments must not contradict Iraqi public laws.


Appealing the Court's Decision on Foreign Judgment Enforcement

If an Iraqi court rejects the enforcement of a foreign judgment, the affected parties may appeal the decision before the Federal Court of Cassation. Additionally, if the enforcement proceedings were conducted in absentia, the judgment debtor retains the right to challenge the decision under applicable legal procedures.


Summary

The enforcement of foreign court judgments in Iraq plays a vital role in international judicial relations, facilitating cross-border dispute resolution. The Iraqi law has structured this process through national laws and international agreements, including Arab Convention on Judicial Cooperation, to streamline the recognition and enforcement of foreign judgments. For a foreign judgment to be enforceable in Iraq, it must satisfy specific legal conditions, ensuring justice and the protection of rights while complying with Iraq’s legal sovereignty and Iraqi laws.