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Structural division: BOOK THREE › party › CHAPTER FIVE
Article 603 — Recognition of Foreign Judgments, Including
New Ethiopian Commercial Code Proclamation No. 1243 2021 English Version
Article text
1/ The judgment for opening preventive restructuring, reorganization, bankruptcy proceedings as well as insolvency-related judgments handed down by the jurisdictions of another originating State shall only be recognized by Ethiopia jurisdictions provided that:
a) the foreign judgment is not contrary to Ethiopia’s public order, including its fundamental principles of procedural fairness;
b) the foreign judgment has not been obtained by fraud;
c) the foreign judgment has been handed down by a competent Court in accordance with Ethiopia's conflict of jurisdictions rules;
d) the foreign judgment is in line with international treaties or agreements signed by Ethiopia;
e) no preventive restructuring proceedings, reorganization proceedings and bankruptcy proceedings have been opened in Ethiopia with respect to the same debtor;
f) the foreign judgment is not inconsistent with a judgment issued in Ethiopia in a dispute involving the same parties;
g) upon its exequatur, the effects of the foreign judgment rendered for opening insolvency proceedings is limited to the assets of a debtor situated in the territory of Ethiopia;
h) the foreign judgment has effect and is enforceable in the originating State; and
i) the recognition and enforcement of the foreign judgment would not interfere with the administration of the debtor’s insolvency proceedings or would not conflict with a stay or other order issued in insolvency proceedings relating to the same debtor commenced in Ethiopia. 2/When application is filed for recognition and enforcement of a foreign judgment rendered for opening preventive restructuring, reorganization, bankruptcy and insolvency proceedings as well as an insolvency-related foreign judgment, the following evidence shall be submitted to the Court:
a) A certified copy of the insolvency-related foreign judgment; and
b) Any documents necessary to establish that such foreign judgment has effect and is enforceable in the originating State; or
c) in the absence of evidence referred to in Sub-Article
(2) paragraphs
(a) and
(b) of this Article, any other evidence on those matters acceptable to Ethiopian Courts.
3/ Subject to international agreements or conventions, the supervisor in reorganization proceedings and the trustee in bankruptcy proceedings shall not accept a request for claims of tax or customs duty and fine that are based on decisions of foreign governments.