Recognition and enforcement of foreign judgments and arbitral awards in Serbia

The legal basis

Recognition of foreign court judgments is governed by the Law on Resolving Conflicts of Laws with Regulations of Other Countries (Zakon o rešavanju sukoba zakona sa propisima drugih zemalja). It applies unless a bilateral treaty between Serbia and the other country sets different rules. Serbia has such treaties with a number of countries, so the treaty is checked first.

Foreign arbitral awards are recognized under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which Serbia is a party, and under the Law on Arbitration.

Court settlements and certain decisions of other foreign authorities that have the effect of a court decision are treated in the same way as judgments.

What the Serbian court checks

The court does not review whether the foreign court decided correctly. It checks only the conditions set by law. Recognition of a foreign judgment is refused in the situations listed below.

• The decision is not final under the law of the country where it was made
• The losing party could not take part in the proceedings because of a procedural irregularity, for example the claim was not properly served
• A Serbian court or authority has exclusive jurisdiction over the matter
• A Serbian court has already given a final decision in the same matter, or has recognized another foreign decision on it
• Recognition would be contrary to Serbian public order
• There is no reciprocity with the country where the decision was made

Reciprocity

Reciprocity means that the other country also recognizes Serbian decisions. Under the law, reciprocity is presumed until the contrary is proven. In case of doubt, the court can ask the Ministry of Justice for an explanation. In practice, this means the creditor does not have to prove reciprocity first. The party opposing recognition would have to show that it does not exist.

Reciprocity is not required for decisions in marital disputes and disputes on establishing paternity or maternity, or when a Serbian citizen requests recognition or enforcement.

Arbitral awards

A foreign arbitral award must also be recognized before it can be enforced. The grounds for refusal follow the New York Convention. They include an invalid arbitration agreement, a party that was not properly notified or could not present its case, an award that goes beyond the arbitration agreement, an irregular tribunal or procedure, and an award that is not yet binding or has been set aside in the country where it was made.

The court also refuses recognition on its own if the dispute could not be resolved by arbitration under Serbian law, or if recognition would be contrary to Serbian public order.

Documents and the procedure

The application is filed with the competent Serbian court. In commercial disputes this is generally the commercial court. The other party is given an opportunity to respond, and the court's decision can be appealed.

If there is no separate decision on recognition, a Serbian court can decide on recognition as a preliminary question, but only with effect for that one proceeding. A separate recognition decision is usually the clearer route when enforcement is the goal.

Foreign public documents usually need an apostille, or legalization for countries that are not party to the Hague Apostille Convention. Documents in a foreign language need a certified translation into Serbian by a court interpreter.

• The foreign judgment, in original or certified copy
• A certificate of finality issued by the foreign court
• For enforcement, a certificate of enforceability under the foreign law
• For arbitral awards, the award and the arbitration agreement, in original or certified copy
• Certified translations into Serbian
• A power of attorney for the Serbian attorney

Enforcement after recognition

Once the foreign decision is recognized, the creditor files a motion for enforcement under the Law on Enforcement and Security (Zakon o izvršenju i obezbeđenju). Enforcement is usually carried out by a public enforcement officer and can target the debtor's bank accounts, movable assets, real estate, shares and claims against third parties.

Before starting, it is useful to check the debtor's assets and status in public registers. Recognition takes time, and assets can change in the meantime. We handle recognition and enforcement under a power of attorney and report to you in English. The outcome depends on the documents, the debtor's assets and the court.

Frequently asked questions