with an introduction by the Honorable Eliezer Rivlin, Deputy Chief Justice, the Supreme Court of Israel
A Hebrew language legal textbook published in late 2011 by The Israel Bar Association Publishing House.
A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that the judgment is enforceable is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. If these conditions are met, the judgment is valid in certain matters. They serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed.
Integration of a foreign judgment is subject to a series of conditions and qualifications set forth in the Foreign Judgments Enforcement Law – 1958. If these conditions are not met, the judgment will not be enforced in Israel, and occasionally it will not be recognized even for limited purposes.
The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. This book reflects the current law, both with respect to the statute as well as the decisions rendered by various courts, and it also includes an enlightening discussion of comparative law. In addition to the thorough and systematic analysis of the issues raised by the Foreign Judgments Enforcement Law, the book also provides solutions for specific legal issues such as the enforcement of a foreign judgment against a foreign sovereign, the enforcement of foreign judgments pursuant to international treaties, and the enforcement of foreign judgments against the Palestinian Authority. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers.
From the Introduction by Justice Rivlin:
Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues.
Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader.
This book will undoubtedly be of ongoing value to those seeking to understand the Foreign Judgments Enforcement Law. It is an appropriate solution to the current need for a reliable guide for anyone wishing to utilize this law and the decisions interpreting it.”
Since its publishing, the book has already been cited in accord in many judgments by Israeli courts, including by the Supreme Court.
BREAKING NEWS: Springer Publishing has published the English language edition in hardcover and electronic formats.