Initiation of recognition procedure

The process of recognition of foreign court and foreign arbitration decisions is initiated by the proposal of an authorized entity (a party in the proceedings or its universal or singular successor).

The Law on the Resolution of Conflicts between Laws and Regulations of Other Countries in Certain Relationships explicitly provides that recognition of the decision of a foreign court in statutory matters is authorized to be sought by anyone who has a legal interest in it, including persons who were not parties to the proceedings, i.e. subjects to whom the decision directly does not apply.

The constitutional rule that must be directly and primarily applied in all procedures is that everyone must be allowed to participate in the procedure in which their rights are decided, and the right to appeal can be replaced by some other legal means.

The following should be attached to the proposal:

• An original foreign court or foreign arbitration decision, the recognition of which is requested with a confirmation from the competent court, or other body, about the validity of the same under the law of the country where it was made or a certified copy thereof,
• Translation of the decision by a court interpreter from the list of permanent court interpreters in the Federation of Bosnia and Herzegovina,
• Extract from the marriage register, if it is about the recognition of foreign court decisions on divorce,
• Proof of payment of the court fee according to the Law on Court Fees of the Herzegbosnian County ("Official Gazette of Herzegbosnian County", No. 5/2013, 8/2013, 3/2016 and 4/2022).
  

The local competent court for the recognition and enforcement of foreign court and arbitration decisions is the court in whose territory the recognition or enforcement procedure is to be carried out.

The competence of the Cantonal Court to decide on the recognition of decisions of foreign courts, foreign commercial courts and foreign arbitrations is determined by the Law on Courts in the Federation of Bosnia and Herzegovina ("Official Gazette of the Federation of Bosnia and Herzegovina" number: 38/05, 22/06, 63/10, 72/10, 7/13, 52/14 and 85/21).

The recognition procedure is carried out according to the provisions of the Act on non-litigious proceedings, in which the provisions of the Act on civil proceedings are applied accordingly, unless otherwise specified by law, as well as the Act on resolving conflicts between laws and regulations of other countries ("Official Gazette of the SFRY", number 43/82 , 72/82), and the Decree with legal force on the recognition and application of federal laws that are applied in BiH as republic regulations ("Official Gazette of the Republic of Bosnia and Herzegovina", number: 2/92).

When a foreign court decision will not be recognized

The competent court will refuse to recognize a foreign court decision in the following cases:

• If, due to the objection of the person against whom the decision was made, it is determined that the person could not participate in the proceedings due to irregularities in the proceedings (due to the fact that the summons, lawsuit or decision that started the proceedings was not personally delivered to him/her, or that he/she was not even tried in person delivery. Unless he/she has engaged in any way to discuss the main matter in the first-instance proceedings),
• If the court or other body of Bosnia and Herzegovina has exclusive jurisdiction in the respective matter, if the defendant requests the recognition of a foreign court decision that was made in a marital dispute, or if the plaintiff requests it, and the defendant does not object, the exclusive jurisdiction of the court of Bosnia and Herzegovina is not an obstacle to recognition those decisions,
• If a court or other body of Bosnia and Herzegovina made a final decision in the same matter, or if another foreign court decision that was made in the same matter is recognized in Bosnia and Herzegovina, until the final conclusion of the litigation,
• If the recognition and enforcement of the decision would be in contradiction with the foundations of social organization established by the Constitution of Bosnia and Herzegovina,
• If it is determined that there is no reciprocity. The existence of reciprocity with respect to the recognition of a foreign court decision is assumed until the contrary is proven, and in case of doubt as to the existence of this reciprocity, an explanation is given by the administrative body responsible for the judiciary.
  

The absence of reciprocity is not an obstacle to the recognition of a foreign court decision made in a matrimonial dispute and in a dispute to establish and dispute paternity or maternity, as well as if the recognition or enforcement of a foreign court decision is requested by a citizen of Bosnia and Herzegovina.

In cases where the residence of the proponent's opponent is unknown and there is no attorney (e.g. recognition of foreign court decisions on divorce), the provisions of the Civil Procedure Act on the appointment of a temporary representative are applied. The costs of this procedure should be prepaid by the proposer.

Against the decision on the recognition or execution of the decision, the parties may file an appeal within 15 days from the date of delivery of the decision, which is decided by the second-instance court.

According to the adopted decision, it would be allowed to conduct the procedure for the return to the previous state, as well as to repeat the procedure.