Foreign Judgments in Israel: Recognition and Enforcement

ISBN-13: 9783642320026 / Angielski / Twarda / 2012 / 242 str.

Haggai Carmon

Opis

A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed.The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon's book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader.
-Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court

Spis treści

Objectives of the Recognition and Enforcement of Foreign Judgment.- Recognition and Enforcement of Foreign Judgments in Israel.- Comparative Law.- Judgments in Personam, in Rem, and Personal Status Judgments.- The Function and Ramifications of the Enforcement Procedure.- Interpretation of the Foreign Judgments Enforcement Law.- Recognition of Foreign Judgments and Orders.- Recognition of Foreign Judgments.- Enforcement of Foreign Judgments against a Foreign Sovereign.- Foreign Judgments and the Palestinian Authority.- Enforcement of Judgments from Signatories of Treaties to which Israel is Party.- Enforcement of Foreign Arbitration Awards.- Summary and Conclusions.

O autorze

Haggai Carmon graduated cum laude from the Tel Aviv University School of Law. He received a Certificate in International Law and Diplomacy, and an M.A degree in Government and Politics from St. John’s University in New York. Carmon has been practicing private and public international law for over three decades. He has been serving as outside counsel on Israel matters for the United States for over 27 years, and represents the US government in civil litigation in Israeli courts. Carmon is also the Israeli lawyer for the US Embassy in Israel. Additionally, he serves as the lawyer for the Multinational Force and Observers in Sinai, and has successfully represented the European Union in litigation in Israel. Carmon represents international corporations and foreign states in matters regarding international law in general, and Israeli law in particular. Carmon is the Israeli representative of FraudNet, a worldwide network of lawyers organized by the International Chamber of Commerce, and writes a blog on sovereign, diplomatic, and consular immunities, and immunities of international organizations: www.diplomaticlaw.com . Carmon shuttles frequently between his firm’s offices in Tel Aviv and New York.

Blurb

A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed.

The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. 

Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues…Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader.
Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court