Enforcement of Foreign Judgments

Our litigation department has experts in the analysis of foreign judgments that will be subject to recognition by the Supreme Court of Justice in Panama and their subsequent execution before the Circuit Courts.

To be able to provide you with the required advice on this type of proceedings, it is strictly necessary that such judgment complies with the terms and conditions described in Article 1419 of the Judicial Code:

“Judgments pronounced by foreign Courts and foreign arbitral decisions shall have in Panama the force established by the respective conventions or treaties.

If there are no special treaties with the Country in which the judgement has been entered, it may be executed in Panama, unless it is proved that in said country the judgments entered by the Panamanian Courts are not complied with.

If the judgment comes from a country in which the Panamanian Courts are not enforced, it shall not be enforceable in Panama.

Without prejudice to the provisions of special treaties, no sentence dictated in a foreign country may be executed in Panama if it does not meet the following requirements:

• That the judgment has been rendered as a consequence of the exercise of a personal claim, except as provided by law, especially in matters of inheritances opened in foreign countries.
  
  
• That it has not been entered in default, being understood as such, for the effects of this article, the case in which the lawsuit has not been personally notified to the defendant, within the jurisdiction of the Court of the cause, unless the defendant in default requests the execution.
  
  
• That the obligation for whose performance has been proceeded against is lawful in Panama.
  
  
• That the copy of the judgment is authentic.

 Judgment is understood to be the decision that decides the claim.”