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The GCC Convention

Section One
Execution of Judgments

Article 1

A. Each of the GCC countries shall execute the final judgments issued by the courts of any member state in civil, commercial and administrative cases and the personal affairs cases in accordance with the procedures as provided under this agreement, provided that the court that issued the judgment has the jurisdiction in accordance with the international jurisdiction as applicable in the member state where the judgment is required to be executed or has the jurisdiction in accordance with the provisions of this agreement.

B. the preceding paragraph shall apply to any resolution whatsoever shall be issued in accordance with judicial or venue procedures by courts or any competent party in one of the member states.


Article 2

The execution of a judgment may be rejected in full or in part in the following events:

A. If the judgment is in violation of the provisions of the Islamic Shariaa, the provisions of the Constitution or the public order in the state where the judgment is required to be executed.

B. If the judgment is issued in absence and the judgment debtor is not notified of the suit or the judgment properly.

C. If the dispute in respect of which the judgment is issued was the subject matter of a former judgment issued on the merit of the dispute as between the same litigants, is related to the same right in terms of its subject matter and grounds, and is issued in its final form in the state where the judgment is required to be executed or in any other member state which is a party to this agreement.

D. If the dispute in respect of which the judgment required to be executed is issued is the subject matter of a suit currently heard by one of the courts of the state where the judgment is required to be executed between the same litigants, is related to the same right in terms of its subject matter and grounds, and such suit has been filed prior to the date of referring the dispute to the court of the state in which the judgment is issued.

E. If the judgment is issued against the Government of the state where the judgment is required to be executed or against one of its officials for acts done by such officials during or only due to the performance of the duties of their job.

F. If the execution of the judgment is in conflict with the international conventions and protocols applicable in the state where such execution is required.


Article 3

A. A judgment issued by the courts of a member state may be executed in any of the states if such judgment may be executed in the state where the court that issued the judgment is located.

B. The procedures of executing a judgment shall be governed by the law of the state where the judgment is required to be executed, unless this agreement provides otherwise.


Article 4

Other than the cases as provided in Articles 5 and 6 hereof, the courts of the state in which a judgment is issued shall be considered to have jurisdiction in the following events:

A. If the domicile or place of residence of the defendant at the time of filing the suit is located in the territory of that state.

B. If the Defendant has an office or a branch in the territory of such state at the time of filing the suit and if the dispute is related to performing the activity of such office or branch.

C. If the contractual obligation, the subject matter of the dispute, is executed or should be executed in such state.

D. In the event of non contractual liability, if the act, the subject matter of the liability, occurred in the territory of such state.

E. if the Defendant expressly accepts the jurisdiction of the courts of such state by giving a domicile or under an agreement, provided the laws of such state do not prohibit such agreement.

F. If the defendant makes its defense on the merit of the suit without pleading that the court hearing the dispute lacks the jurisdiction to hear it.


Article 5

The courts of the state shall have jurisdiction to hear capacity and personal affairs cases if the dispute arises in connection with the capacity or personal affairs of a person being a citizen of such state at the time of submitting the application to such courts.


Article 6

The courts of the state in whose territory the real estate is located shall have the jurisdiction to conclude the rights in kind in connection with such real estate.


Article 7

The task of the judicial authority of the state where the judgment is required to be executed shall be limited to confirming whether the judgment fulfills the requirements as provided by this agreement, without discussing the subject matter. Such authority shall order to take the required procedures to render the judgment as effective as any judgment issued in the state itself. The application to order the execution of the judgment may cover all or any part of the pronouncement of the judgment, if divisible.


Article 8

The effects of the execution order shall apply to all parties to the suit residing in the territory of the state where the order is issued or to their assets.


Article 9

The party that applies to execute a judgment in any of the member states shall provide:

A. A true copy of the judgment with the signatures therein being attested by the competent authority.

B. A certificate that the judgment became final, unless the same is stated in the judgment.

C. In the case of a judgment issued in absence, a copy of the notification of the judgment, certified as a true copy of the original, or any other document that may confirm that the defendant was properly notified.


Article 10

The settlement made before the competent judicial authorities in any of the member states shall be effective in all the territories of the other member states in accordance with the provisions of this agreement.


Article 11

The executive deeds made in the territory of a member state shall be ordered to be executed in the other member states in accordance with the procedures applicable to judgments.


Article 12

Subject to the provisions of Articles 2 and 4, awards issued by arbitrators shall be executed by any of the member states as provided hereunder, subject to the applicable rules in the state where the award is required to be executed.

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