ICLG The International Comparative Legal Guide to:

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1 ICLG The International Comparative Legal Guide to: Enforcement of Foreign Judgments st Edition A practical cross-border insight into the enforcement of foreign judgments Published by Global Legal Group, with contributions from: ARCHIPEL Attorneys at law Astashkevich and Partners Bär & Karrer AG Blake, Cassels & Graydon LLP Erriah Chambers Eversheds Gürlich & Co. Hamdan AlShamsi Lawyers & Legal Consultants Hanefeld Rechtsanwälte Rechtsanwaltsgesellschaft mbh Hughes Hubbard & Reed LLP Jones Day King & Wood Mallesons Kobre & Kim Kosta Legal Linklaters LLP M & P Bernitsas Law Offices Magnusson Advokatbyrå Makarim & Taira S. Matheson MinterEllison Montanios & Montanios LLC Nagashima Ohno & Tsunematsu Norton Rose Fulbright South Africa Inc Pinheiro Neto Advogados Polenak Law Firm Rajah & Tann (Singapore) LLP S. P. A. Ajibade & Co. Solórzano, Carvajal, González y Pérez Correa, S.C. Trusted Advisors

2 The International Comparative Legal Guide to: Enforcement of Foreign Judgments 2016 General Chapters: 1 Enforcement Against State Parties in England: A Creditor s Long Journey Through Sovereign Immunity Louise Freeman & Juliette Huard-Bourgois, King & Wood Mallesons LLP 1 2 European Union Sébastien Champagne & Vanessa Foncke, Jones Day 6 Contributing Editors Louise Freeman & Swati Tripathi, King & Wood Mallesons LLP Head of Business Development Dror Levy Sales Director Florjan Osmani Account Directors Oliver Smith, Rory Smith Senior Account Manager Maria Lopez Sales Support Manager Toni Hayward Sub Editor Sam Friend Senior Editor Suzie Levy Group Consulting Editor Alan Falach Group Publisher Richard Firth Published by Global Legal Group Ltd. 59 Tanner Street London SE1 3PL, UK Tel: Fax: info@glgroup.co.uk URL: GLG Cover Design F&F Studio Design GLG Cover Image Source istockphoto Printed by Stephens & George Print Group March 2016 Copyright 2016 Global Legal Group Ltd. All rights reserved No photocopying ISBN ISSN Strategic Partners Country Question and Answer Chapters: 3 Australia MinterEllison: Beverley Newbold & Tamlyn Mills 12 4 Belgium Linklaters LLP: Joost Verlinden & Nino De Lathauwer 18 5 Brazil Pinheiro Neto Advogados: Renato Stephan Grion & Guilherme Piccardi de Andrade Silva 23 6 British Virgin Islands Kobre & Kim: Tim Prudhoe & Timothy de Swardt 29 7 Canada Blake, Cassels & Graydon LLP: Ryder Gilliland & Peter Smiley 34 8 Cayman Islands Kobre & Kim: James Corbett QC & Pamella Mitchell 41 9 China Linklaters LLP: Melvin Sng & Justin Tang Cyprus Montanios & Montanios LLC: Yiannis Papapetrou Czech Republic Gürlich & Co.: Richard Gürlich & Kateřina Beňasová England & Wales King & Wood Mallesons LLP: Louise Freeman & Swati Tripathi France ARCHIPEL: Jacques-Alexandre Genet & Michaël Schlesinger Germany Hanefeld Rechtsanwälte Rechtsanwaltsgesellschaft mbh: Dr. Nils Schmidt-Ahrendts & Annabelle Möckesch M & P Bernitsas Law Offices: Christos Paraskevopoulos Indonesia Makarim & Taira S.: Alexandra Gerungan & Raditya Anugerah Titus Ireland Matheson: Julie Murphy-O Connor & Gearóid Carey Japan Nagashima Ohno & Tsunematsu: Hironobu Tsukamoto & Eriko Ogata Macedonia Polenak Law Firm: Tatjana Popovski Buloski & Aleksandar Dimic Mauritius Erriah Chambers: Dev R. Erriah Mexico Solórzano, Carvajal, González y Pérez Correa, S.C.: Fernando Pérez Correa Camarena Netherlands Eversheds: Jurjen de Korte Nigeria S. P. A. Ajibade & Co.: Dr. Babatunde Ajibade, S.A.N. & Benedict Oregbemhe Russia Attorneys at law Astashkevich and Partners : Anastasia Astashkevich Singapore Rajah & Tann (Singapore) LLP: Francis Xavier, S.C. & Tan Hai Song South Africa Norton Rose Fulbright South Africa Inc: Marelise van der Westhuizen & Matthew Clark Spain King & Wood Mallesons: Alfredo Guerrero & Fernando Badenes Sweden Magnusson Advokatbyrå: Johan Molin & Ewa Krokosz Switzerland Bär & Karrer AG: Saverio Lembo & Aurélie Conrad Hari Ukraine Trusted Advisors: Ivan Mishchenko & Dmitriy Abramenko UAE Hamdan AlShamsi Lawyers & Legal Consultants: Hamdan Al Shamsi 161 PEFC Certified This product is from sustainably managed forests and controlled sources 32 USA Hughes Hubbard & Reed LLP: Chris Paparella & Andrea Engels Uzbekistan Kosta Legal: Azizbek Akhmadjonov & Maxim Dogonkin 171 PEFC/ Further copies of this book and others in the series can be ordered from the publisher. Please call Disclaimer This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication. This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations.

3 Chapter 15 M & P Bernitsas Law Offices Christos Paraskevopoulos 1 Country Finder 1.1 Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply. Applicable Law/ Statutory Regime and Albania of (arts 23 30) and Armenia of (arts 17 23) and Bulgaria of (arts 27 33) and Germany of and Georgia of (arts 29 31) and Yugoslavia of and China of (arts 20 27) and Cyprus of (arts 21 28) and Lebanon of (arts 3 11) and Hungary of (arts 24 31) and Ukraine of (arts 20 25) and Poland of (arts 21 31) Relevant Jurisdiction(s) Corresponding Section Below, Albania Section 3, Armenia Section 3, Bulgaria Section 3, Germany Section 3, Georgia Section 3, any successor(s) of Yugoslavia Section 3, China Section 3, Cyprus Section 3, Lebanon Section 3, Hungary Section 3, Ukraine Section 3, Poland Section 3 Applicable Law/ Statutory Regime and Romania of (arts 21 28) and USSR of (arts 23 34) and Syria of (arts 21 29) and Czechoslovakia of (arts 22 28) and Tunisia of (arts 28 36) The Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters of The Convention of on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations The Hague Convention of on Protection of Children and Co-operation in Respect of Intercountry Adoption The Convention of on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children Relevant Jurisdiction(s) Corresponding Section Below, Romania Section 3, any successor(s) of USSR Section 3, Syria Section 3, any successor(s) of Czechoslovakia Section 3, Tunisia Section 3 EU, Switzerland, Norway and Iceland and all other and all other and all other Section ICLG TO: ENFORCEMENT OF FOREIGN JUDGMENTS 2016

4 M & P Bernitsas Law Offices Applicable Law/ Statutory Regime The Hague Convention of on the International Recovery of Child Support and Other Forms of Family Maintenance The Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva, ) (art. 31) The UNCITRAL Model Law on Cross- Border Insolvency of (arts 15 24) The Convention concerning International Carriage by Rail (COTIF) of , as amended by the Vilnius Protocol of (arts 18.1) The European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children ( ) 2 General Regime Relevant Jurisdiction(s) and all other and all other and all other and all other and all other Corresponding Section Below 2.1 Absent any applicable special regime, what is the legal framework under which a foreign judgment would be recognised and enforced in your jurisdiction? If there is no international treaty (multilateral or bilateral) or regulation of the European Union that applies to the recognition or enforcement of a foreign judgment, then such judgment will be recognised and enforced in pursuant to the Greek Code of Civil Procedure (Presidential Decree no. 503/1985, as amended and in force today) (hereinafter referred to as GCCP ). However, in the event that there is an international treaty (multilateral or bilateral) or regulation of the European Union that is applicable, then the rules of such treaty or EU regulation will supersede and disapply the GCCP. 2.2 What requirements (in form and substance) must a foreign judgment satisfy in order to be recognised and enforceable in your jurisdiction? A distinction needs to be drawn between recognition and enforcement of a foreign judgment in pursuant to the GCCP. As regards recognition, there are three (3) applicable rules in the GCCP. First, as regards recognition of a foreign judgment issued pursuant to a disputes procedure, then, pursuant to art. 323 GCCP and subject to what international treaties (multilateral or bilateral) or regulations of the European Union provide (if there is any international treaty (multilateral or bilateral) or regulation of the European Union that applies to the foreign judgment in question, then the rules of such treaty or EU Regulation will supersede and disapply the GCCP), such judgment is recognised to have force and constitute res judicata in without any other procedure, provided that: (i) it constitutes res judicata according to the law of the country of issuance; (ii) under the provisions of Greek law the case was subject to the jurisdiction of the courts of the country to which the court that issued the judgment belongs; (iii) the party who lost was not deprived of the right to a defence and in general of the right to participate in the trial, unless such right was deprived according to a provision that applies equally to the subjects of the country to which the court that issued the judgment belongs; (iv) it is not contrary to a judgment of a Greek court which was issued in the same case and which constitutes res judicata for the parties between which the judgment of the foreign court was issued; and (v) it is not contrary to the good morals or public order of. Though recognition of a foreign judgment is ipso jure, i.e. without any procedure, provided that the conditions set out in art. 323 GCCP are met, there is also the possibility, if there is any legal interest in doing so, to file a civil action seeking a declaratory judgment on whether or not the res judicata of a foreign judgment has or does not have effect in. Second, as regards recognition of a foreign judgment issued pursuant to the voluntary (uncontested cases) procedure, then, pursuant to art. 780 GCCP and subject to what international treaties (multilateral or bilateral) or regulations of the European Union provide (again, if there is any international treaty (multilateral or bilateral) or Regulation of the European Union that applies to the foreign judgment in question, then the rules of such treaty or EU Regulation will supersede and disapply the GCCP), it shall ipso jure have the same force and effect in as that recognised to it under the law of the country of the court which issued it provided that: (i) the judgment applied the substantive law that should be applied under Greek law and was issued by a court which had jurisdiction pursuant to the law of the country whose substantive law it applied; and (ii) it is not contrary to the good morals or public order of. Third, as regards recognition of a foreign judgment relating to the personal status of a party, then, pursuant to art. 905 par. 4 GCCP and subject to what international treaties (multilateral or bilateral) or Regulations of the European Union provide (again, if there is any international treaty (multilateral or bilateral) or regulation of the European Union that applies to the foreign judgment in question, then the rules of such treaty or EU regulation will supersede and disapply the GCCP), such judgment shall not ipso jure have res judicata effect in, unlike what is provided under arts 323 and 780 GCCP above. For this judgment to acquire such effect, it will have to be recognised by a judgment issued by the competent Greek single member first instance court. A foreign judgment will be recognised if: (i) it is enforceable pursuant to the law of the country of issuance; (ii) it is not contrary to the good morals or public order of ; and (iii) it meets the conditions of art. 323(ii) (v) GCCP. As regards enforcement of a foreign judgment, then, pursuant to art. 905 GCCP and subject to what international treaties and regulations of the European Union provide, a foreign judgment can be enforced in after it has been declared enforceable by a judgment of the single member first instance court of the district within which the domicile of the debtor is, or, if there is no domicile, of the debtor s residence, or, if there is no residence, of the Single Member First Instance Court of Athens. A foreign judgment will be declared enforceable by the competent Greek single member first instance court pursuant to the above procedure if it is enforceable pursuant to the law of the country of issuance and if it is not contrary to the good morals or public order of. In addition, for a foreign judgment to be declared enforceable, the conditions of art. 323(ii) (v) GCCP must be met. ICLG TO: ENFORCEMENT OF FOREIGN JUDGMENTS

5 M & P Bernitsas Law Offices 2.3 Is there a difference between recognition and enforcement of judgments? If so, what are the legal effects of recognition and enforcement respectively? Yes, there is. As per the answer to question 2.2 above, a foreign judgment is recognised in ipso jure, i.e. without any procedure, provided that the conditions set out in art. 323 GCCP (for the judgments issued pursuant to a disputes procedure) or art. 780 GCCP (for the judgments issued pursuant to the voluntary (uncontested cases) procedure) are met. On the other hand, a foreign judgment cannot be enforced in before it has been declared enforceable by a judgment of the competent single member first instance court, pursuant to art. 905 GCCP. If a foreign judgment has been declared enforceable by a judgment of the competent single member first instance court and the latter judgment is not appealed or is appealed and the appeal is dismissed, then the foreign judgment will have the same legal effect as that of a domestic enforceable title. 2.4 Briefly explain the procedure for recognising and enforcing a foreign judgment in your jurisdiction. As per the answer to question 2.2 above, no procedure is required for the recognition of a foreign judgment in, provided that the conditions set out in art. 323 GCCP (for judgments issued pursuant to a disputes procedure) or art. 780 GCCP (for judgments issued pursuant to the voluntary procedure) are met. As regards enforcement pursuant to GCCP, an application must be submitted to the competent Greek single member first instance court seeking the declaration of enforceability of the foreign judgment. The application is scheduled to be heard on a certain hearing date and the applicant must appear before the court on that day and file with the court its written pleadings and supporting documentation. The application is heard under the voluntary procedure which is an ex parte procedure, i.e. the party against whom the declaration of enforceability of the judgment is sought will not participate in the proceedings, unless: (i) the applicant elects to summon this party to attend the hearing; (ii) the court orders such party to be summoned to attend the hearing; or (iii) such party is somehow informed of the filing of the application and the pending hearing and intervenes in the proceedings. The decision on the declaration of enforceability is issued by the court in writing after the hearing has been concluded and pleadings, additional pleadings and supporting documentation have been filed. 2.5 On what grounds can recognition/enforcement of a judgment be challenged? When can such a challenge be made? of enforceability; and (ii) after the issuance of the said judgment of the competent Greek single member first instance court. The party against which enforcement is sought may file an appeal against the judgment of the competent Greek single member first instance court. The appeal must be filed at the earliest of: 30 days from service of the judgment of the competent Greek single member first instance court; or two (2) years from the issuance of the judgment. 2.6 What, if any, is the relevant legal framework applicable to recognising and enforcing foreign judgments relating to specific subject matters? If there are no international (bilateral or multilateral) treaties or regulations of the European Union that apply to a foreign judgment relating to a specific subject matter, then the provisions of the GCCP will apply. 2.7 What is your court s approach to recognition and enforcement of a foreign judgment when there is: (a) a conflicting local judgment between the parties relating to the same issue; or (b) local proceedings pending between the parties? The recognition and enforcement of a foreign judgment when there is a conflicting local judgment between the parties relating to the same issue is not possible pursuant to arts 323 and 905 GCCP. On the other hand, the recognition and enforcement of a foreign judgment when there are local proceedings pending between the parties is possible pursuant to arts 323 and 905 GCCP. 2.8 What is your court s approach to recognition and enforcement of a foreign judgment when there is a conflicting local law or prior judgment on the same or a similar issue, but between different parties? In principle, Greek courts will recognise and enforce a foreign judgment when there is a conflicting local law, as it is generally accepted that Greek courts do not have authority to investigate whether a foreign court correctly took into account the substantive law that is applicable under Greek private international law rules. Greek courts can only determine if the effect of the foreign judgment is or is not contrary to good morals or public order and, only in the affirmative, not recognise or enforce the foreign judgment. The existence of a prior Greek judgment on the same or similar issue, but between different parties, will not in principle affect the recognition or enforcement of the foreign judgment unless the effect of the latter is deemed to be contrary to good morals or public order. Recognition of a judgment can be challenged for not meeting any of the conditions set out in art. 323 GCCP. Enforcement of a judgment can be challenged for not meeting any of the conditions set out in art. 905 and 323 GCCP, i.e. if the foreign judgment is not enforceable pursuant to the law of the country of issuance or if it is contrary to good morals or public order or if it does not meet any of the conditions of art. 323(ii) (v). Recognition of a judgment can be challenged: (i) prior to the issuance of the decision of the competent Greek single member first instance court on the application for the declaration of enforceability of the foreign judgment. As mentioned in answer to question 2.4 above, the party against whom the declaration of enforceability of the judgment is sought may be summoned to attend the hearing or may intervene in the proceedings and oppose the application for the declaration 2.9 What is your court s approach to recognition and enforcement of a foreign judgment that purports to apply the law of your country? If and to the extent that the conditions set out in arts 323 and 905 GCCP are met, Greek courts will recognise and enforce such foreign judgment Are there any differences in the rules and procedure of recognition and enforcement between the various states/regions/provinces in your country? Please explain. No. The GCCP applies to the entire territory of ICLG TO: ENFORCEMENT OF FOREIGN JUDGMENTS 2016

6 M & P Bernitsas Law Offices 2.11 What is the relevant limitation period to recognise and enforce a foreign judgment? 4 Enforcement There is no set limitation period. A foreign judgment can be recognised and enforced as long as the conditions set out in arts 323, 780 and 905 GCCP are met (depending on the type of judgment in question). 3 Special Enforcement Regimes Applicable to Judgments from Certain Countries 3.1 With reference to each of the specific regimes set out in question 1.1, what requirements (in form and substance) must the judgment satisfy in order to be recognised and enforceable under the respective regime? With reference to each of the specific regimes set out in question 1.1, the judgment must satisfy the respective requirements (in form and substance) set out in the relevant international treaty (bilateral or multilateral) and in particular in the relevant articles indicated in question 1.1, in order to be recognised and enforceable under the respective regime. 3.2 With reference to each of the specific regimes set out in question 1.1, does the regime specify a difference between recognition and enforcement? If so, what is the difference between the legal effect of recognition and enforcement? In the majority of cases, regimes specify a difference between recognition and enforcement of the judgment. However, in view of the variety of approaches and rules on this matter, one should examine the rules of the applicable regime and in particular the relevant articles indicated in question With reference to each of the specific regimes set out in question 1.1, briefly explain the procedure for recognising and enforcing a foreign judgment. 4.1 Once a foreign judgment is recognised and enforced, what are the general methods of enforcement available to a judgment creditor? A judgment creditor will be in a position, inter alia, to impose seizure on any movable or immovable property of the debtor, irrespective of where that may be (in the hands of the debtor or in the hands of third parties, such as banks in relation to the debtor s bank deposits or customers or other debtors of the debtor, in which case the claim of the debtor can be seized from of such third party which will be obliged to make payment to a judgment creditor). In case of seizure of movable or immovable property, such property can be put to auction by the judgment creditor who will be satisfied from the proceeds of the auction, subject to any liens, mortgages or encumbrances on the property or rights or claims of other creditors, simple or privileged. 5 Other Matters 5.1 Have there been any noteworthy recent (in the last 12 months) legal developments in your jurisdiction relevant to the recognition and enforcement of foreign judgments or awards? Please provide a brief description. As of , significant changes have taken effect in relation to various provisions of the GCCP. However, the procedure of the GCCP which is followed for the recognition and enforcement of foreign judgments or awards, i.e. the voluntary (uncontested cases) procedure, has not been materially amended. 5.2 Are there any particular tips you would give, or critical issues that you would flag, to clients seeking to recognise and enforce a foreign judgment or award in your jurisdiction? In view of the variety of approaches and rules on the procedure for recognising and enforcing a foreign judgment, depending on the applicable regime, one should examine the rules of the latter and in particular the relevant articles indicated in question With reference to each of the specific regimes set out in question 1.1, on what grounds can recognition/ enforcement of a judgment be challenged under the special regime? When can such a challenge be made? In view of the variety of approaches and rules on this matter, one should examine the rules of the applicable regime and in particular the relevant articles indicated in question 1.1. Obviously the selection of the right legal counsel is important given the complexity of the relevant area and the existence of several different regimes. It is of paramount importance to identify the regime that is applicable to the foreign judgment in question and proceed on the right legal basis with the recognition and enforcement of that judgment. Moreover, as always, the devil is in the details, as a great number of applications for the recognition and/or enforcement of a foreign judgment are rejected on procedural or evidentiary grounds, such as failure to invoke or produce the required certificate, translation or certification pertaining to the foreign judgment in question. ICLG TO: ENFORCEMENT OF FOREIGN JUDGMENTS

7 M & P Bernitsas Law Offices Christos Paraskevopoulos M & P Bernitsas Law Offices 5 Lykavittou Street Athens Tel: cparaskevopoulos@bernitsaslaw.com URL: Christos joined the Firm in He has a broad, successful commercial litigation practice advising and representing companies across a range of industries, including automobile, pharmaceuticals, cosmetics, watch and clothing manufacturing. His area of expertise is in acting in disputes arising from the performance or termination of contractual relationships and representing them in negotiations, at court and in settlement proceedings. Christos also has extensive experience in succession disputes, representing high net worth individuals in pursuing their rights under estates. He regularly represents clients in debt recovery and enforcement, with a specialisation in the area of hospital supply agreements, as well as the recognition and enforcement of foreign judgments and arbitral awards. Christos also acts in intellectual property disputes and has represented clients in the context of commercial arbitration proceedings. M & P Bernitsas Law Offices is one of the foremost providers of services in in all sectors of commercial law and, with over 50 attorneys, one of the largest firms in the country. Repeat business makes up a significant percentage of our work and we enjoy long-term relationships with clients across all our practice areas, many of which we advise on an ongoing basis. We are proponents for an international level of service and the bulk of the Firm s practice concentrates on complex domestic and cross-border transactions. We have established long-term relationships with leading law firms all over the world across our areas of practice and act together with many of these firms regularly in providing a seamless and integrated international service to our clients. Our lawyers have worked with market leaders across numerous industries and have years of experience of advising clients long-term. Many of our client relationships have been honed over more than a decade. We have an expertise in working closely with corporate and in-house legal groups and have developed processes and skills which add value to the service we provide. Our teams have been working together within and across departments for many years to provide a specialised, consistent and seamless service. We have consistently been at the forefront of shaping s legal and regulatory framework since the Firm was founded in Across our practice areas, we have acted in most of the pioneering transactions to have taken place in, involving ground-breaking changes in the regulatory and legislative structure ICLG TO: ENFORCEMENT OF FOREIGN JUDGMENTS 2016

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