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Execution Of Foreign Judgments

CHAPTER 2. EXECUTION OF FOREIGN JUDGMENTS

Art. 456.- Principle
(1)    Unless otherwise expressly provided for by international conventions, foreign judgments may lnot6 be executed in Ethiopia except in accordance with the provisions of this Chapter.
(2)     No foreign judgment shall be executed in Ethiopia unless an application to this effect is made.
(3)    An application under sub-art, (2) shall be made to the division of the High Court on circuit in the Teklay Guezat where execution is to take place.

Art. 457.-  Form of application
An application for the execution of a foreign judgment shall be in writing and shall be accompanied by:
(a)    a certified copy of the judgment to be executed; and
(b)    a certificate signed be the President or the registrar of the court having given judgment to the effect that such judgment is final and enforceable.

Art. 458.- Conditions for allowing application
Permission to execute a foreign judgment shall not be granted unless
(a)    the execution of Ethiopian judgments is allowed in the country in which the judgment to be executed was given;
(b)    the judgment was given by a court duly established and constituted;
(c)    the judgment-debtor was given the opportunity to appear and present his defense;
(d)    the judgment to be  executed is final and enforceable; and
(e)    execution is not contrary to public order or morals.

Art. 459.- Procedure
(1)    The court to which the application is made shall enable the party against whom the judgment is to be executed to present his observations within such time as it shall fix.
(2)    The court shall decide whether pleadings may be submitted.
(3)    In cases of doubt the court may suspend its decision until all doubtful points have been clarified.
Art. 460.- Decision
(1)    The decision shall be made on the basis of the application unless the court for some special reason to be recorded decides to hear the parties at a hearing which it shall fix
(2)    The court shall at the same time decide on costs.
(3)    Where the application is allowed and permission to execute is granted, the foreign judgment shall be executed in Ethiopia as through it had been given by an Ethiopian court.

Art. 461.- Enforcement of foreign awards.
(1)    Foreign arbitral awards may not be  enforced in Ethiopia unless;
(a)    reciprocity is ensured as provided for by Art. 458 (a);
(b)    the award has been made following a regular arbitration agreement or other legal act in the country where it was made;
(c)    the parties have had equal rights in appointing the arbitrators and they have been summoned to attend the proceedings;
(d)    the arbitration tribunal was regularly constituted;
(e)    the award does not relate to matters which under the provisions of Ethiopian laws could not be submitted to arbitration  or is not contrary to public order or morals; and
(f)    the  award is of such nature as to be enforceable on the condition laid down in Ethiopian laws.
(2)    The provisos of the preceding Articles shall apply by analogy when the enforcement of a foreign award is sought.