Mongolia - Enforcement of Money Judgments
Originally from Enforcement of Money Judgments
I. PRESENT ATTITUDE TOWARD THE ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including courts) towards enforcement of foreign money judgments.
Acceptance and enforcement of a foreign court’s judgment in the territory of Mongolia is specified as, “the rule on enforcement of foreign and Mongolian court’s judgments, which shall be defined under the laws of Mongolia and any bilateral treaty or international convention to which Mongolia is party.” Civil Procedure Code, Art. 194. In addition, the Law on Enforcement of Court Judgments, Article 81.1 states that the rule on enforcement of foreign court judgments and foreign arbitration awards shall be defined under this law and international conventions to which Mongolia is party. As of today, there is no law in Mongolia regulating the acceptance and enforcement of a foreign court’s money judgment, even as to foreign court’s judgment in general. The Mongolian Parliament has not adopted any such law. Nevertheless,the Supreme Court’s Decree № 9, issued on 28th February, 2008, has been applied in general (there are no articles related to foreign money judgments), under the name “Implementation of Mongolian International Treaties and Universally Accepted International Law and Principlesin Judicial Practice”. For example, under this Decree, “a foreign court’s judgment is understood as a final judgment of a case.”
When the courts of Mongolia implement or enforce a foreign court’s money judgment, which they rarely do, the courts must follow the provisions of the relevant Bilateral Treaty for Mutual Legal Assistance with the country of origin of the judgment, and the relevant articles from the Law on Civil Procedure, Law on Enforcement of Court Judgments and the Supreme Court’s Decree No.9.
Pursuant to the Civil Procedure Code, Chapter eighteen, Law on Enforcement of Court Judgments, Article 10.1.2 and most bilateral treaties to which Mongolia is party, there must be a request from the party interested in enforcement of the foreign court’s judgment in order to enforce it.