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5 Scope and Definitions (Articles 1–3)

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: 14 July 2024

Subject(s):
Choice of court and jurisdictional agreements — Recognition and enforcement of foreign judgments

This chapter provides an overview of the commentary regarding the scope and definitions of Articles 1–3 of the Hague Convention. The basic structure of the scope provisions of the Convention begins in Article 1(1) with a scope of application to judgments in civil or commercial matters. Article 2 then proceeds to list matters to which the Convention does not apply and provide further clarifications and amplifications on the scope. Article 3, amongst other things, deploys a broad definition of the fundamental scope of the term judgment. The chapter cites that the articles reflect the basic characteristic of the Convention text of being a highly coordinated and interconnected web. It also considers the other provisions that may affect scope.

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