Enforcement of Foreign Court Awards in Iran
Enforcing a foreign court award in Iran involves a detailed legal process governed by specific provisions in Iranian law, namely Article 169 of the Iranian Civil Procedure Code and Article 975 of the Iranian Civil Code.
These articles establish the conditions under which foreign court decisions can be recognized and enforced in Iran, ensuring that such decisions do not conflict with the country’s legal principles or public policy.
Article 169 of the Civil Procedure Code outlines the requirements for the enforcement of foreign court awards, emphasizing reciprocity between Iran and the country that issued the judgment.
This reciprocity means that foreign judgments can only be enforced in Iran if Iranian judgments are also enforceable in that foreign country. Furthermore, the judgment must not contradict public order, moral standards, or international agreements signed by Iran. This provision acts as a safeguard to ensure that foreign decisions do not undermine Iranian law or its public interests.
Article 975 of the Civil Code also outlines these principles by stipulating that any foreign judgment which contradicts Iran’s national sovereignty, public policy, or international obligations cannot be enforced.
Additionally, the foreign court’s ruling must be final and enforceable in its own jurisdiction. Interim or temporary rulings, unless specifically authorized by treaties, are not subject to enforcement in Iran. Importantly, there must not be any conflicting rulings from Iranian courts regarding the same subject matter, parties, and cause of action.
At Rezvanian International, we guide clients through this complex legal framework to ensure compliance with these regulations. Our team specializes in identifying and navigating potential legal challenges that could arise from the enforcement process, including issues related to court intervention and the annulment of foreign judgments. By leveraging our expertise in Iranian law and international legal practices, we help clients secure the enforcement of foreign awards while safeguarding their interests in Iran’s judicial system.
Source: Enforcement of Foreign Court Awards in Iran