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Enforcement of Foreign Judgments and Arbitral Awards in Syria

Enforcement of Foreign Judgments and Arbitral Awards in Syria ENFORCEMENT OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS IN SYRIA Jacques El-Hakim* The enforcement of foreign judgments differs fundamentally from the enforcement of arbitral awards. A foreign judgment is rendered by a court which is part of the judici- ary and represents the sovereignty of the State. Other States might fear that such a judgment favours the interests of the State where it was rendered or violates their own public policy. Therefore, they do not recognise that judgment or execute it in their own territory before they make sure that it does not violate the mandatory rules of their national law, when it applies to the dispute, or the decisions of their national courts. A national court must therefore grant foreign judgments a "leave for enforce- ment" before they are recognised or executed on its territory. Those issues are not rel- evant in arbitration. An arbitral award is rendered by an individual or a private arbitral body, whether national or foreign. They are not rendered in the name of a sovereign State and should not therefore raise the suspicion of other States. However, individuals or private arbitral bodies do not always fulfil the requirements of a judge selected under http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arab Law Quarterly Brill

Enforcement of Foreign Judgments and Arbitral Awards in Syria

El-Hakim, Jacques
Arab Law Quarterly , Volume 5 (2): 137 – Jan 1, 1990
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Publisher
Brill
Copyright
© 1990 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0268-0556
eISSN
1573-0255
DOI
10.1163/157302590X00053
Publisher site
See Article on Publisher Site

Abstract

ENFORCEMENT OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS IN SYRIA Jacques El-Hakim* The enforcement of foreign judgments differs fundamentally from the enforcement of arbitral awards. A foreign judgment is rendered by a court which is part of the judici- ary and represents the sovereignty of the State. Other States might fear that such a judgment favours the interests of the State where it was rendered or violates their own public policy. Therefore, they do not recognise that judgment or execute it in their own territory before they make sure that it does not violate the mandatory rules of their national law, when it applies to the dispute, or the decisions of their national courts. A national court must therefore grant foreign judgments a "leave for enforce- ment" before they are recognised or executed on its territory. Those issues are not rel- evant in arbitration. An arbitral award is rendered by an individual or a private arbitral body, whether national or foreign. They are not rendered in the name of a sovereign State and should not therefore raise the suspicion of other States. However, individuals or private arbitral bodies do not always fulfil the requirements of a judge selected under

Journal

Arab Law Quarterly – Brill

Published: Jan 1, 1990

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