Beaumont P & Goddard D (2022) Recognition and Enforcement of Judgments in Civil or Commercial Matters. In: Beaumont P & Holliday J (eds.) A Guide to Global Private International Law. First ed. Hart Studies in Private International Law, Vol 32. Oxford: Hart Publishing, pp. 407-420. https://doi.org/10.5040/9781509932085.ch-029
A truly modern, sophisticated and reasonably comprehensive regime for recognition and enforcement of judgments in civil or commercial matters is now available to all States in the world by becoming Parties to the Hague Judgments Convention 2019 (Judgments) and the Hague Choice of Court Agreements Convention 2005 (Choice of Court). The basic scheme of both Conventions for the purposes of recognition and enforcement involves identifying acceptable bases for exercise of jurisdiction in the State of origin (as assessed by the State addressed, applying the rules of the relevant Convention), no review of the merits in the State addressed, and only a few, well-established grounds for refusal of recognition and enforcement. Both Conventions set a floor rather than a ceiling for recognition and enforcement of judgments within their scope, with one exception found in Judgments. The Conventions should be interpreted uniformly.
private international law; foreign judgments; HCCH
|Title of series||Hart Studies in Private International Law|
|Number in series||Vol 32|
|Publication date online||30/05/2022|
|Place of publication||Oxford|
|ISSN of series||2634-5064|