Reciprocal Enforcement

The principle and practice of mutual recognition and enforcement of judgements between countries on the basis of bilateral or multilateral agreements. Reciprocal enforcement allows a judgement obtained in one country to be enforced in another without relitigating the merits of the case.

In practice

England and Wales has reciprocal enforcement arrangements with numerous countries under the AJA 1920, FJREA 1933, and various conventions. The availability of a reciprocal route depends on the country where the judgement was obtained. Where no statutory route exists, the creditor must commence fresh proceedings in England to obtain a domestic judgement, using the foreign judgement as evidence of the debt.