Recently,Mauritius, a small country off the coast of Africa, reaffirmed their criteria for enforcing foreign judgments. The issue of foreign judgments can be tricky because there are a lot of factors that can play a role in that judgment and whether it will be enforced. That is why many countries have signed treaties where they agree to certain conditions on foreign judgments. In an article written by Gilbert Noel, a Partner at Appleby Global Group Services Limited, he states the benefits of Mauritius’ Supreme Court upholding the criteria. He says it give the business community confidence investing in Mauritius and keeps the country in line with international trends.
As the globalization trend continues across the world, people and companies who are doing business in different countries have to be aware of what can be done in the and legal system. Businesses and people need consistency and the ability to fix a problem should one arise through the court system. That is why investing in different countries isn’t as easy because what’s legal matters. When a foreign national or business runs into a problem where the legal system is needed, they need to know the steps that need to be taken. If they are successful in bringing a claim, they need to be able to enforce that judgment. For any foreign national or company that brings a legal matter in the legal system, it can be difficult enforcing that judgment. First, they are at a disadvantage because of they are dealing with a different kind of court system. Next, asset classification, publications, and seizure may be next to impossible. Third, the role of foreign policy can not be ignored. The relations between two countries can have an effect on how the citizens from those countries are treated. Lastly, it may also depend who the judgment is against. That person or company could be a highly respected in their country and it could be damaging for them to suffer such an indignity. So efforts might be made to protect them from such a fate.
However, Mauritius has made their criteria clear and what’s needed to enforce a foreign judgment. The country is a hub for business and thus its important for any foreign national or company who is doing business in the country as well as any who would like to what they are facing should they dive in.
Mauritius Criteria For Enforcing Foreign Judgments:
(a) the judgment must still be valid and capable of execution in the country where it was delivered;
(b) it must not be contrary to any principle affecting public order;
(c) the defendant must have been regularly summoned to attend the proceedings; and
(d) the court which delivered the judgment must have had jurisdiction to deal with the matter submitted to it.