The recognition and enforcement of foreign court judgments is an important element of cross-border legal cooperation. In the Maldives, this process is governed by the Civil Procedure Act, specifically Chapter 33 (Articles 390 to 397), which lays out the legal framework for the enforcement of judgments issued by courts in foreign jurisdictions.
Recognition and Enforcement: General Principles
Under Article 390, foreign judgments can be recognized and enforced in the Maldives if certain conditions are met. Notably:
- No Re-examination on Merits: Maldivian courts will not re-hear the case on its merits. They will only assess whether the judgment meets the criteria established under the Act.
- Enforceability in Country of Origin: The judgment must be valid and enforceable in the country where it was issued.
- Compatibility with Maldivian Law and Islamic Principles: The judgment must not contravene Maldivian laws or Islamic principles. Even if enforceable elsewhere, a judgment that violates these standards will be denied enforcement.
Grounds for Recognition and Enforcement
Article 391 sets out a wide range of jurisdictional and substantive grounds under which a foreign judgment may be recognized and enforced. These include:
- Residency or Consent: The defendant was ordinarily resident in the issuing country at the time or consented to the foreign court’s jurisdiction.
- Contractual Obligations: Judgments relating to contracts may be enforced if the place of performance is in the issuing country or agreed by the parties.
- Property and Tort: Judgments concerning immovable property located in the foreign country or torts committed there are also enforceable.
- Trusts and Bankruptcy: Judgments relating to trusts or bankruptcy may be enforced under certain conditions.
- Exclusive Jurisdiction Agreements: If parties have expressly agreed to settle disputes in a particular foreign court, judgments from that court can be enforced.
Special rules apply to employment contracts, consumer contracts, and unliquidated goods, limiting enforceability unless strict conditions are met.
Objections to Enforcement
Article 392 provides several scenarios where enforcement may be denied:
- Procedural Irregularities: If the defendant was not properly served or denied a fair opportunity to defend themselves.
- Misrepresentation: The judgment was obtained through fraud or misrepresentation.
- Public Policy: The judgment contradicts Maldivian public policy or core legal principles.
- Jurisdictional Conflicts: If an agreement or trust instrument designates another country’s courts as having exclusive jurisdiction.
- Conflicting Judgments: If a local court has already issued a judgment on the same matter or a prior foreign judgment is in conflict.
Additionally, if a similar case is already pending in Maldivian courts, and the domestic case was filed first, enforcement of the foreign judgment may be stayed or refused.
Damages and Limitations
According to Article 393, courts may limit enforcement of damages if the awarded sum is excessive or punitive beyond what is considered compensatory. The Maldivian court will also consider whether legal costs awarded are reasonable by the standards of the issuing country.
Procedural Requirements
Article 394 lists the documents required for filing a request for recognition or enforcement:
- A certified copy of the judgment;
- Proof of service if the judgment was made in absentia;
- Evidence that the judgment is enforceable in the issuing country.
If these documents are in a foreign language, a Dhivehi translation must be submitted. However, courts may accept certified English translations unless otherwise specified.
Jurisdiction and Timeframes
- The Civil Court has exclusive original jurisdiction over foreign judgment enforcement applications (Article 395).
- The respondent must be served the enforcement application within two days of filing, or within two days of an interim measure decision (Article 396).
Rights of Third Parties
Article 397 allows individuals who were not parties to the foreign case but whose legal rights could be affected by enforcement to file objections. This provision ensures fairness and prevents undue harm to third parties.
The Maldivian legal framework for enforcing foreign court judgments is comprehensive and in line with international standards, while still reflecting local legal norms and principles. Parties seeking enforcement must ensure strict compliance with procedural requirements and demonstrate that the judgment does not violate Maldivian public policy. As cross-border transactions and disputes continue to grow, understanding this legal process is increasingly vital for both domestic and international litigants.