Features of Georgian legislation on recognition and enforcement of decisions of state foreign courts

It's not a secret that situations are relevant when it's necessary to execute a decision made by a State court in the territory of another country.

It's common to regulate such matters at the level of national codes of procedure, which contain separate provisions on the subject.

See, for example, the German Code of Civil Procedure, the Code of Economic Procedure of the Republic of Belarus, the Code of Civil Procedure of the Republic of Armenia, the Code of Arbitration Procedure of the Russian Federation.

In these countries, an act of recognition and enforcement of a foreign State judgement may be appealed to a higher court.

The Georgian legislator has adopted a non-standard approach in terms of legal technique and essence of legal regulation, namely:

1. The Code of Civil Procedure of Georgia does not regulate these issues. These relationship are regulated by the Law of Georgia «On Private International Law»;

2. The Supreme Court of Georgia is competent to consider applications for recognition and enforcement of decisions of state foreign courts. The Supreme Court of Georgia is the only instance for the settlement of such disputes.

And if the peculiarities of legal technique (the entrenchment of these rules in the Law «On International Private Law») do not raise special issues, the inability to correct procedural error on this type of dispute opens the space for discussion.

On the one hand, such an approach may seem logical, as all remedies could be exercised by the parties in resolving the merits of the dispute (in a foreign court), and there is no need to repeatedly test such a decision in recognition and enforcement.

On the other hand, this approach deprives the Georgian judicial system of the opportunity to correct a procedural error, when the Georgian court found no violation that prevents recognition and enforcement of a foreign court decision in the State (consideration of the dispute falls under the jurisdiction of the court of Georgia, there have been procedural violations in resolving the dispute on the merits, the decision is contrary to the basic legal order of Georgia, etc.).

Colleagues, what is your opinion on this issue?

For more information on the procedure of recognition and execution of decisions of foreign state courts in Georgia, see the article (https:/t.me/REVERA_Georgia/83).