Legal — Enforcement of Foreign Judgments
Jordan’s Law on Execution of Foreign Judgments (1952) — Analytical Summary
This summary explains the scope of Jordan’s Law on Execution of Foreign Judgments (1952), as amended up to 2022, and outlines the procedural framework for enforcing foreign court decisions and arbitral awards in Jordan. It highlights formal requirements, competent jurisdictional rules, and key defenses that may lead a court to refuse enforcement, with references to relevant international instruments.
Updated: 7 March 2022
Prepared and reviewed by: Ashraf Al-Khawaja
Scope, Definition and Applicability
The law covers 'foreign judgments'—decisions issued by courts outside Jordan (including certain religious courts) and arbitral awards that are enforceable under the law of the place of arbitration. It applies when enforcement is sought for money judgments, awards for movable property, or accounting-type orders. The enforceability of arbitral awards under the law depends on whether the award is regarded as enforceable in its state of origin.
How to File for Enforcement and Jurisdictional Rules
An enforcement action must be brought before a court of first instance. The lawsuit is filed in the court where the judgment debtor resides, or—if the debtor does not live in Jordan—before the court whose district contains assets of the debtor to be executed upon. The law also permits special service procedures for persons outside the court’s territorial competence, subject to judicial discretion and civil procedure safeguards.
Required Documents and Formalities
The applicant must submit a certified copy of the foreign judgment, a certified translation if the judgment is not in Arabic, and an additional copy for service on the judgment debtor. Procedural steps for filing and service follow the Jordanian Civil Procedure Code, and enforcement proceeds by the same execution methods used for domestic judgments.
Grounds for Refusal and Main Defenses
The law sets out several situations in which a court may decline enforcement: lack of jurisdiction of the foreign court; improper service or denial of the debtor’s right to appear; judgments obtained by fraud; lack of finality; or subject-matter that Jordanian courts will not hear because it conflicts with public order or morals. A court may also refuse enforcement if the foreign legal system does not reciprocally allow enforcement of Jordanian judgments.
Practical Implications and Cautions for Litigants
In practice, creditors seeking enforcement must ensure the foreign judgment is final in its jurisdiction, arrange proper service, and obtain certified documents and translations. Judgment debtors retain defensive avenues that may bar execution if any statutory refusal grounds are proved. Parties should also consider related international instruments (for example, the New York Convention on arbitral awards) and verify subsequent legislative amendments or judicial developments that may affect enforceability.
Legal notice
Notice: This content is general educational material derived from a public source linked on the page. It does not substitute for advice from a licensed lawyer or the official legal text. Verify the consolidated law, subsequent amendments and applicable timelines with official sources or a qualified attorney before taking any action.
Sources and references
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