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1 A Basic Introduction to the 2019 Convention: Structure, Core, Context, and Choices

From: The 2019 Hague Judgments Convention

Ronald A. Brand, Michael S. Coffee, Paul Herrup

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 July 2024

Subject(s):
Severable agreements — Exclusion of foreign law — Restraining foreign proceedings — Recognition and enforcement of foreign judgments — Damages

This chapter introduces the structure, core, context, and choices of the 2019 Convention. The Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters provides rules governing the recognition and enforcement of judgments from a court of one Contracting State presented to a court of another Contracting State. Moreover, the potential power of the Convention is constrained because of specific requirements for a judgment to be eligible for recognition or enforcement under the Convention. The chapter explains how Convention consists of a Preamble and thirty-two articles arranged in four chapters, followed by a jurat clause covering the official texts in English and French languages. It considers the resulting tensions of the Convention’s conditions of creation and choices.

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