Foreign Judgments in Israel Recognition and Enforcement
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 enforcea
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Haggai Carmon
Foreign Judgments in Israel Recognition and Enforcement Translated from Hebrew by Rafaella Levine and Haggai Carmon
Haggai Carmon Carmon & Carmon Tel Aviv Israel and Carmon & Carmon New York USA
The original title: (Hebrew) פסקי חוץ בישראל הכרה ואכיפה Foreign Judgments in Israel - Recognition and Enforcement Published in Israel by the Publishing House of the Israel Bar Association October 2011 ISBN 978-965-7322-25-3 ISBN 978-3-642-32002-6 ISBN 978-3-642-32003-3 (eBook) DOI 10.1007/978-3-642-32003-3 Springer Heidelberg New York Dordrecht London Library of Congress Control Number: 2012952266 # Springer-Verlag Berlin Heidelberg 2013 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher’s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
For my parents, Yehiel and Ida Carmon, of blessed memory, who guided me with love and devotion.
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Preface
As a basic rule in international law, a judgment rendered in one country is not recognized, per se, in another country in which its recognition or enforcement is sought. The foreign judgment must undergo a process of integration, sometimes called “domestication,” dictated by the laws of the integrating country before it can be recognized or enforced. The difference in status between a foreign and a local, or domestic, judgment necessitates this integration1:
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