Recognition of Foreign Judgments in Serbia
Recognition of Foreign Judgments in SerbiaUpdated on Friday 22nd February 2019
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International conflicts can be dealt with the courts of law in Serbia and can be concluded if the decision is agreed by both authorities: the foreign ones and the Serbian ones. Moreover, the legal consequences established in Serbia will be imposed if the claimant made a request for the recognition of such legal effects are agreed in the country of the applicant, by a local court of law. All the legal matters involving the recognition of foreign judgments in Serbia can be explained by our team of lawyers in Serbia.
Applicable legislation in Serbia
Serbia is part of the European Convention on International Commercial Arbitration and signed a series of bilateral treaties concerning the recognition of foreign judgments in this country. Also, the Arbitration Act 2006 which is based on the UNCITRAL Law 1985 enters into force in Serbian courts for varied international and commercial disputes and mentions that the parties involved need to appoint the arbitrators in a specific period of time. Arbitration is the legal method which is recommended in cases of commercial disputes, even for international ones as long as the parties involved agree on the applicability of the foreign judgments in Serbia. Our Serbian lawyers specialized in arbitration are at the disposal of foreigners and companies involved in commercial disputes.
When is the foreign courts’ decision recognized in Serbia?
When reciprocity exists, both Serbian authorities and the foreign ones agree on the foreign judgments presented and used. In case the decision is issued as a result of a review of an objection blocked by an individual against whom a decision is accepted, then the Serbian court will not recognize it. We mention that a decision needs to be made in agreement with the social system in Serbia and especially the Constitution of Serbia. If you are involved in an international dispute for which legal advice is recommended, please feel free to get in touch with our Serbian attorneys.
Marital proceedings in Serbia
The protection of citizens is important in Serbia, and in the case of matrimonial proceedings, the foreign judgments have great importance and also priority. As an example in this sense, if one of the parties asks for the recognition of a foreign decision in the case of divorce, and if the authorities do not oppose, then the court of law in Serbia will agree on the decision issued outside the jurisdiction. On the other hand, if a foreign court doesn’t agree on specific proceedings and decisions, the Serbian authorities may act in the same manner.
A court of law in Serbia may put on hold the recognition of a foreign court decision if the proceedings concerning the same cause of action between the same parties have been brought in a court in Serbia and have not been concluded. We remind that there are cases in which the Serbian authorities cannot recognize the decision of a foreign court if it is against the constitution of Serbia.
The Law on Arbitration in Serbia
Foreign arbitration in the case of commercial disputes is accepted in Serbia by the competent authorities as long as it is in complete agreement with the country’s legislation, and particularly the Arbitration Law. It is good to know that the recognition of the foreign arbitral awards has a solid base and that is the European Convention of International Commercial Arbitration 1961 which is also valid for Serbia:
- • in Serbia, the recognition of a foreign arbitration may be subject to an independent proceeding;
- • it may be determined as a temporary question in an application proceeding;
- • an independent proceeding comes with a series of benefits, and among them, if the foreign judgments are accepted, the decision enters into force as soon as the court of law in Serbia decides so;
- • such proceedings are subject to specific periods of time, meaning that they prolong for a while, giving the fact that foreign judgments and international courts are involved.
Let us remind you that our team of attorneys in Serbia are at the disposal of entrepreneurs with complete legal advice in the case of companies involved in international disputes. It is important to have a solid defence and comprehensive legal advice right from the beginning, knowing the fact that both international and domestic laws need to be respected.
The experts at our law firm in Serbia have extensive experience in matters of international and commercial disputes where foreign judgments are involved, therefore, we kindly invite you to get in touch with us.