
1 
This Order may be cited as the Reciprocal
Enforcement of Foreign Judgments (Israel) Order 1971 and shall
come into operation on 26th July 1971.
2 
Part I
 of the Foreign Judgments (Reciprocal
Enforcement) Act 1933 shall extend to Israel.

3 
The following courts of Israel shall
be deemed superior courts of Israel for the purposes of 
Part I of the Foreign Judgments (Reciprocal
Enforcement) Act 1933, that is to say:—

 The Supreme Court;
 The District Courts;
 Rabbinical Courts;
 Moslem Religious Courts;
 Christian Religious Courts;
 Druze Religious Courts.
4 
No security for costs shall be required
to be given by any person making application for the registration of a judgment
of a superior court of Israel.
5 
A judgment of a superior court of Israel
shall, in the absence of proof to the contrary, be deemed to be capable of
execution in Israel if a certified copy of the judgment is produced authenticated
by the court stamp and accompanied by a certificate issued by an officer of
the original court that it is capable of execution in Israel.
6 
The rate of interest due under the
law of Israel upon the sum in respect of which a judgment of a superior court
of Israel is given shall be deemed to be that specified in the judgment or
any certificate of the original court accompanying the judgment and, if no
rate is so specified, no interest shall be deemed to be due thereon under
the law of Israel.
7 
A translation of the judgment of a
superior court of Israel or of any other document accompanying an application
for registration of such a judgment shall, if certified by a notary or by
a diplomatic or consular officer of either the United Kingdom or Israel, be
accepted without further authentication.
W.G. Agnew

SCHEDULE


CONVENTION
BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND AND THE GOVERNMENT OF ISRAEL PROVIDING FOR THE RECIPROCAL RECOGNITION
AND ENFORCEMENT OF JUDGMENTS IN CIVIL MATTERS 
The Government
of the United Kingdom of Great Britain and Northern Ireland and the Government
of Israel; 
Desiring to provide on the basis of reciprocity
for the recognition and enforcement of judgments in civil matters; 

Have agreed as follows: 

ARTICLE 1 
For the purposes of this Convention:

(a) “territory”
 shall be interpreted in accordance with
the provisions of Article 10;

(b) “judgment”
 means any decision of a court, however
described (judgment, order or the like), by which the rights of the parties
are determined and which cannot be altered by that court. It includes judgments
against which an appeal may be pending or which may still be subject to appeal
in the courts of the country of the original court. If the amount of the costs
or interest to be paid under a judgment is not fixed by the judgment itself
but by a separate court order, such order shall be deemed to be part of the
judgment for the purposes of this Convention;
(c) “original
court” means in relation to any
judgment the court by which such judgment was given; and “court applied
to” the court in which it is sought to obtain recognition of a judgment
or to which an application for the registration of a judgment or for the grant
of an enforcement declaration is made;
(d) “judgment
debtor” means the person against
whom the judgment was given in the original court and includes, where necessary,
any person against whom such judgment is enforceable under the law of the
country of the original court;
(e) “judgment
creditor” means the person in whose
favour the judgment was given and includes, where necessary, any other person
in whom the rights under the judgment have become vested under the law of
the country of the original court;
(f) “appeal”
 includes any proceeding by way of discharging
or setting aside a judgment or an application for a new trial or a stay of
execution.
ARTICLE 2 

(1) Subject to the provisions of 
paragraph (2) of this Article, this Convention
shall apply to judgments in any civil proceedings, and to judgments in any
criminal proceedings for the payment of a sum of money in respect of compensation
or damages to an injured party, given after the date of the entry into force
of this Convention by the following courts:
(a) in the case of the United Kingdom, the
House of Lords; for England and Wales, the Supreme Court of Judicature (Court
of Appeal and High Court of Justice) and the Courts of Chancery of the Counties
Palatine of Lancaster and Durham; for Scotland, the Court of Session and the
Sheriff Court; and for Northern Ireland, the Supreme Court of Judicature;
and
(b) in the case of Israel, the Supreme Court,
the District Courts, Rabbinical Courts, Moslem Religious Courts, Christian
Religious Courts and Druze Religious Courts.
(2) This Convention shall not apply to:
(a) judgments given on appeal from courts
not referred to in paragraph (1)
of this Article;
(b) judgments given in proceedings for the
recovery of taxes or other charges of a like nature or for the recovery of
a fine or other penalty;
(c) judgments given in proceedings arising
out of injury or damage falling within the definition of “nuclear damage”
in the Vienna Convention
of the 21st of May, 1963 on Civil Liability for Nuclear Damage.
(3) This Convention shall not preclude the
recognition and enforcement in the territory of one Contracting Party, in
accordance with the municipal law for the time being in force in the country
concerned, of judgments given by any court in the territory of the other Contracting
Party, being judgments to which this Convention does not apply or judgments
given in circumstances where the provisions of this Convention do not require
such recognition or enforcement.
ARTICLE 3 

(1) For the purposes of this Convention,
the recognition of a judgment means that the judgment shall be treated as
conclusive as to the matter thereby adjudicated upon in any further action
as between the same parties (judgment creditor and judgment debtor).
(2) Judgments given in the territory of one
Contracting Party shall be recognised in the territory of the other subject
to the provisions of paragraphs (3), 
(4) and (5)
of this Article and where no objection to the judgment can be established
on any of the following grounds:
(a) in the case in question, the jurisdiction
of the original court is not recognised under the provisions of 
Article 4;
(b) the judgment debtor, being the defendant
in the proceedings in the original court, did not, notwithstanding that process
may have been duly served on him in accordance with the law of the country
of the original court, receive notice of those proceedings in sufficient time
to enable him to defend the proceedings and did not appear, or if it is proved
to the court applied to that he was not afforded a reasonable opportunity
to present his arguments and to produce his evidence;
(c) the judgment was, in the opinion of the
court applied to, obtained by fraud;
(d) the recognition of the judgment is likely
to prejudice the sovereignty or safety of the State or would be contrary to
public policy;
(e) the judgment debtor, being a defendant
in the original proceedings, was a person who, under the rules of public international
law, was entitled to immunity from the jurisdiction of the courts of the country
of the original court and did not submit to the jurisdiction of that court;

(f) the judgment is sought to be enforced
against a person who, under the rules of public international law, is entitled
to immunity from the jurisdiction of the court applied to.
(3) Where the court applied to is satisfied
that proceedings by way of appeal have been instituted against the judgment
in the country of the original court, or that such proceedings have not been
actually instituted, but the time for appeal has not elapsed under the law
of that country, the court applied to may, in so far as the law of its country
permits, recognise the judgment, refuse to recognise the judgment or adjourn
its decision on the recognition of the judgment so as to allow the judgment
debtor an opportunity of completing or of instituting such proceedings.
(4) Where the court applied to is satisfied
that the matter in dispute in the proceedings in the original court had, previously
to the date of the judgment in the original court, been the subject of a judgment
by a court having jurisdiction in the matter, the court applied to may refuse
to recognise the judgment of the original court.
(5) Where the court applied to is satisfied
that, at the time when proceedings were instituted in the original court in
the matter in dispute, proceedings as to the same matter between the same
parties were pending before any court or tribunal of the country of the court
applied to, the latter may refuse to recognise the judgment of the original
court.
ARTICLE 4 

(1) For the purposes of 
sub-paragraph (a) of paragraph (2)of Article 3,
the courts of the country of the original court shall, subject to the provisions
of paragraphs (2) to (5)
of this Article, be recognised as possessing jurisdiction in all cases:
(a) if the judgment debtor, being a defendant
in the proceedings in the original court, submitted to the jurisdiction of
that court by voluntarily appearing in the proceedings otherwise than for
the purpose of protecting, or obtaining the release of, property seized, or
threatened with seizure, in the proceedings or of contesting the jurisdiction
of that court; or
(b) if the judgment debtor was plaintiff
or counter-claimant in the proceedings in the original court; or
(c) if the judgment debtor, being a defendant
in the proceedings in the original court, had before the commencement of the
proceedings agreed, in respect of the subject matter of the proceedings, to
submit to the jurisdiction of that court or of the courts of the country of
that court; or
(d) if the judgment debtor, being a defendant
in the original court, was, at the time when the proceedings were instituted,
resident, or being a body corporate had its principal place of business, in
the country of that court; or
(e) if the judgment debtor, being a defendant
in the original court, had an office or place of business in the country of
that court and the proceedings in that court were in respect of a transaction
effected through or at that office or place.
(2) The provisions of 
paragraph (1) of this Article shall not apply
to judgments where the subject matter of the proceedings was immovable property,
unless such property was situated in the country of the original court.
(3) The provisions of 
paragraph (1) of this Article shall not apply
to judgments given in actions of which the subject matter was ships, aircraft
or their cargo, if, according to the law of either Contracting Party, they
are conclusive not only against the parties to the proceedings but also against
any other person claiming an interest in such ships, aircraft or their cargo
inconsistent with the judgment. The jurisdiction of the original court shall,
however, be recognised if such ships, aircraft or their cargo were situated
in the country of the original court at the time of the commencement of the
proceedings in that court.
(4) The jurisdiction of the original court
need not be recognised in the cases specified in 
sub-paragraphs (d) and (e) of paragraph
(1) and in paragraphs (2)
and (3) of this Article,
if the bringing of the proceedings in the original court was contrary to an
agreement under which the dispute in question was to be settled otherwise
than by proceedings in the courts of the country of the original court.
(5) The provisions of 
paragraph (1) of this Article shall not apply
to judgments in any proceedings concerning matrimonial matters, administration
of the estates of deceased persons, bankruptcy, winding up of companies, lunacy,
guardianship of infants or paternity. However, in the case of such judgments,
the jurisdiction of the courts of the country of the original court shall
be recognised where such recognition is in accordance with the law of the
country of the court applied to.
ARTICLE 5 

(1) Subject to the provisions of 
paragraph (2) of this Article, judgments given
in the territory of one Contracting Party shall be enforced by execution in
the territory of the other in the manner provided in Articles 6 to 8 of this Convention,
provided that the following conditions are fulfilled:
(a) they are enforceable by execution in
the country of the original court;
(b) there is payable thereunder a sum of
money;
(c) the judgment debt has not been wholly
satisfied;
(d) they are recognised by the court applied
to under the provisions of Article 3.

(2) Where the court applied to is satisfied
that proceedings by way of appeal have been instituted against the judgment
in the country of the original court, or that such proceedings have not been
actually instituted, but the time for appeal has not elapsed under the law
of that country, the court applied to may, in so far as the law of its country
permits, enforce the judgment, refuse to enforce the judgment or adjourn its
decision on the enforcement of the judgment so as to allow the judgment debtor
an opportunity of completing or of instituting such proceedings.
ARTICLE 6 

(1) In order that a judgment given in the
courts of Israel may be enforced in the territory within the jurisdiction
of the courts of the United Kingdom, an application by a judgment creditor
for its registration should, in accordance with the procedure of the court
applied to be made:
(a) in England and Wales, to the High Court
of Justice;
(b) in Scotland, to the Court of Session;
and
(c) in Northern Ireland, to the Supreme Court
of Judicature.
(2) The application for registration should
be accompanied by:
(a) a certified copy of the complete judgment
authenticated by the court stamp and accompanied by a certificate issued by
an officer of the original court that it is capable of execution in the country
of that court;
(b) an affidavit of the facts required by
the rules of the court applied to;
(c) a translation into English of any document
required by this paragraph certified by a notary or by a diplomatic or consular
officer of either Contracting Party.
(3) The documents enumerated in 
paragraph (2) shall require no further authentication.

(4) If an application is made in accordance
with paragraphs (1) and 
(2) of this Article in respect of a judgment
fulfilling the conditions laid down in Article
5, registration shall be granted.
ARTICLE 7 

(1) In order that a judgment given in the
courts of the United Kingdom may be enforced in the territory within the jurisdiction
of the courts of Israel, an application by a judgment creditor for the grant
of an enforcement declaration should, in accordance with the procedure of
the court applied to, be made to the District Court of Jerusalem.
(2) The application for the grant of an enforcement
declaration should be accompanied by:
(a) a certified copy of the judgment authenticated
by the court seal, or in the case of judgments of the Sheriff Court, authenticated
by the signature of the Sheriff Clerk;
(b) an affidavit of the facts required by
the rules of the court applied to;
(c) a certificate issued by the original
court giving particulars of the proceedings and a statement of the grounds
on which the judgment was based, and specifying whether at the date of the
issue of the certificate the time for appeal has elapsed without any proceedings
by way of appeal having been instituted against the judgment in the United
Kingdom;
(d) a translation into Hebrew of any document
required by this paragraph certified by a sworn translator or by a diplomatic
or consular officer of either Contracting Party.
(3) The documents enumerated in 
paragraph (2) shall require no further authentication.

(4) If an application is made in accordance
with paragraphs (1) and 
(2) of this Article in respect of a judgment
fulfilling the conditions laid down in Article
5, an enforcement declaration shall be granted.

ARTICLE 8 

(1) From the date on which it is granted
registration under Article 6
or an enforcement declaration under Article 7
 a judgment shall, for the purpose of its execution
by virtue of that grant, have effect in the country of the court applied to
as if it were a judgment originally given in that country on that date.
(2) The procedure for the registration of
a judgment under Article 6
and the procedure for the grant of an enforcement declaration of a judgment
under Article 7
shall be as simple and rapid as possible, and no security for costs shall
be required of any person making application for such registration or for
the grant of an enforcement declaration.
(3) A period of not less than six years,
running from the date of the judgment of the original court if no appeal has
been brought to a higher court in the country of the original court or from
the date of the judgment given in the last instance if such an appeal has
been brought, shall be allowed by the court applied to for the purpose of
making any application for registration or for a grant of an enforcement declaration.

(4) if it is found by the court applied to
that the judgment of the original court is in respect of different matters
and that one or more, but not all, of the provisions of the judgment are such
that, if those provisions had been contained in separate judgments, those
judgments could properly have been registered or could have been granted an
enforcement declaration, the judgment may be registered or granted an enforcement
declaration in respect only of the provisions aforesaid.
(5) If it is found by the court applied to
that the judgment has been, at the date of the application, partly but not
wholly satisfied by payment, the judgment shall be registered or an enforcement
declaration shall be granted in respect of the balance remaining payable at
that date, provided that the judgment is otherwise one which would be enforceable
under the provisions of this Convention.
(6) If under a judgment a sum of money is
payable which is expressed in a currency other than that of the country of
the court applied to, the law of the country of the court applied to shall
determine if, and if so in what manner and in what conditions, the amount
payable under the judgment may or shall be converted into the currency of
the country of the court applied to for the purposes of the satisfaction or
enforcement of the judgment debt.
(7) When granting registration or an enforcement
declaration, the court applied to shall, if so requested by the judgment creditor,
include the costs of an incidental to registration or the grant of an enforcement
declaration.
(8) Where a judgment is granted registration
or an enforcement declaration it shall carry, in respect of the period up
to the date of the grant, interest at the rate, if any, specified in the judgment
or in any certificate of the original court accompanying the judgment. As
from the date of the grant, interest shall be allowed at 4 per cent. per annum
on the total sum (principal and interest) in respect of which the registration
or the enforcement declaration is granted.
ARTICLE 9 
Any difficulties which may arise in connexion
with the interpretation or application of this Convention shall be settled
through the diplomatic channel.
ARTICLE 10 

(1) This Convention shall apply in the case
of the Government of the United Kingdom of Great Britain and Northern Ireland
to the territory within the jurisdiction of the courts of England and Wales,
Scotland and Northern Ireland, and in the case of the Government of Israel,
to the territory within the jurisdiction of the courts of Israel.
(2) The Government of the United Kingdom
may, by a notification given through the diplomatic channel, at any time while
this Convention is in force, and provided that an agreement has been concluded
by an Exchange of Notes on the points mentioned in 
paragraph (3) of this Article, extend the operation
of this Convention to any territory for whose international relations the
Government of the United Kingdom are responsible.
(3) Prior to any notification of extension
in respect of any territory under the preceding paragraph, an agreement shall
be concluded between the Contracting Parties by an Exchange of Notes as to
the courts of the territory concerned which shall be courts to whose judgments
this Convention shall apply, and the courts to which application for the registration
of any judgment shall be made.
(4) The date of the coming into force of
any extension under this Article shall be three months from the date of the
notification given under paragraph (2)
of this Article.
(5) Either of the Contracting Parties may,
at any time after the expiry of three years from the coming into force of
an extension of this Convention to any of the territories referred to in 
paragraph (2) of this Article, terminate such
extension on giving six months' notice of termination through the diplomatic
channel.
(6) The termination of this Convention under 
Article 11 shall, unless otherwise expressly
agreed by both Contracting Parties, also terminate it in respect of any territory
to which it has been extended under paragraph
(2) of this Article.
ARTICLE 11 
This Convention shall be subject to
ratification. Instruments of ratification shall be exchanged as soon as possible.
The Convention shall come into force three months after the date on which
the instruments of ratification are exchanged and shall remain in force for
three years after the date of its coming into force. If neither of the Contracting
Parties shall have given notice through the diplomatic channel to the other,
not less than six months before the expiration of the said period of three
years, of intention to terminate the Convention, it shall remain in force
until the expiration of six months from the date on which either of the Contracting
Parties shall have given notice to terminate it.
In witness whereof the undersigned, being duly authorised thereto
by their respective Governments, have signed this Convention.
Done in duplicate at London this 28th day of October, 1970, corresponding
to the 28th day of Tishri, 5731, in the English and Hebrew languages, both
texts being equally authoritative.

For the Government of the United Kingdom of Great Britain and
Northern Ireland:
JOSEPH GODBER
For the Government of Israel:
MICHAEL COMAY
