If you are a judgment creditor based abroad and looking to enforce this judgment against a debtor based in Tunisia – we have the team to help. Achour Law Firm is expert in Enforcement of foreign judgements in Tunisia.
The enforcement of a foreign judgment refers to the legal process through which a court in one country recognizes and gives effect to a judicial decision made in another country. Essentially, it allows someone who has won a case in one country to collect or enforce that judgment in another. The enforcement of foreign judgements in Tunisia is among our specialties.
Tunisia is not a part of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.
Judgments and decisions pronounced by foreign Courts are covered by the exequatur only when they meet certain determined conditions in order to ensure the application of all the general principles such as the benefit of the parties of the rights of the defense and the non-infringement of Tunisian international private public order.
The Enforcement of foreign judgements in Tunisia – Exequatur – is not granted to foreign judicial decisions if:
- The subject dispute falls within the exclusive jurisdiction of Tunisian courts,
- The Tunisian courts have already rendered a final decision on the same subject, between the same parties and for the same cause.
- The foreign decision is contrary to public order within the meaning of Tunisian private international law, or was rendered following a procedure which did not preserve the rights of defense.
- The foreign judgment has been annulled, or its execution suspended in accordance with the law of the country where it was rendered, or is not yet enforceable in the country where it was rendered.
- The State where the judgment or decision was rendered has not respected the reciprocity rule .
The Enforcement of foreign judgements in Tunisia – Exequatur – is granted to foreign arbitral awards only under the conditions provided for in Article 81 of the Arbitration Code.
Achour Law Firm has an expert litigation solicitors. We regularly assist claimants and defendants from foreign jurisdictions with claims in Tunisia.
Should you require any further information or a legal advice on the enforcement of foreign judgments in Tunisia from specialist Litigation Solicitors, please contact a member of our team by:
Completing the online enquiry form here
Calling us on +216 71 341 568