Recognition and enforcement of judgments of foreign courts on commercial disputes in Azerbaijan

The rules for recognition and enforcement of judgments of foreign courts on commercial disputes in Azerbaijan include:

1. non-contradiction of judgments to legislation and legal order of AR.

2. mutual guarantee of recognition and enforcement of judgments.

Following documents must be attached to the application for enforcement of a judgment:

1. a copy of the court decision with a mark on it, confirming the entry into force.

2. a document confirming the timely and proper notification of the defendant.

3. translated and certified copies of the documents on the case.

The application is heard in an open court session with notification of parties about time and place of hearing.

Scenarios of refusal to recognize and enforce judgments.

1. if trial falls within the exclusive competence (jurisdiction) of the relevant court of AR.

2. if the defendant was deprived of the opportunity to participate in trial.

3. if there is a valid decision of the court of AR between the same parties, on the same subject and on the same grounds.

4. if judgment has not entered into force on the territory of a foreign state.

5. if the enforcement of judgment would be contrary to the sovereignty and basic principles of the legislation of AR.

6. if reciprocity is not guaranteed by a foreign state.

7. one of the parties to the arbitration agreement was incapacitated to some extent, or the agreement was declared void under the law to which the parties are subject.

8. the decision was made on a dispute not covered by the arbitration agreement.

9. if the composition of the court or the rules of arbitration do not comply with the agreement of the parties.

10. if the decision is not binding on the parties, or if it is set aside, or if it is set aside and suspended in enforcement by a court of a foreign state.