El Salvador - Enforcement of Money Judgments
Originally from Enforcement of Money Judgments
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.
The Salvadoran legal system reflects the country’s understanding of the importance of allowing access to justice to foreigners and nationals. Judicial cooperation and compliance with some of the best practices in international arbitration are also important objectives in Salvadoran procedural law. Therefore, the Salvadoran Constitution has established the principle of allowing the enforcement of foreign money judgments. In turn, this principle has inspired legislation which regulates the procedural and jurisdictional requirements for the enforcement of such judgments or arbitral awards.
B. Briefly describe recent illustrative attempts, whether successful or unsuccessful, to enforce a foreign money judgment in your country, particularly with regard to enforcement of any judgments from United States courts.
In El Salvador, the effectiveness in the enforcement of foreign money judgments depends solely on the compliance of the judgment with the applicable requirements set forth in the Civil and Commercial Proceedings Code (hereafter “CPCM”). This means, that the substance of the decision must not breach mandatory rules of law in El Salvador, and the proceedings followed by the issuing tribunal must have respected the parties’ right to due process. Additionally, the judgment has to be enforceable in accordance with the legislation in force in the forum of the issuing court.
The vast majority of petitions to enforce foreign judgments in El Salvador are related to adoption and divorce procedures. Requests to enforce foreign money judgment are rare and therefore, only a small number of Exequaturs in this regard have been issued to date.
In 2011, the Supreme Court allowed the enforcement of two foreign judgments; the first one (Panamco de Nicaragua, S.A vs Sociedad Specialty Products, S.A. de C.V., decision number 55-P-2010) regarding a dispute between two companies issued by a Nicaraguan Court and the second one (Ricardo Humberto Artiga Posada vs Empresa Propietaria de La Red S.A, decision number 8-P-2010) an international arbitral award. In the latter, the Supreme Court established a criterion in favor of protecting and recognizing the validity of foreign arbitral awards. Currently, the Supreme Court is deciding over other enforcement requests on this matter.