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6 The Basic Recognition and Enforcement Obligation and Criteria for Eligibility (Articles 4–6)

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

Jurisdictional agreements and the Brussels Regulation — Assessment of damages — Recognition and enforcement of foreign judgments

This chapter covers the Hague Convention’s articles on the basic recognition and enforcement obligation and criteria for eligibility. Chapter II of the Convention contains the operational core of the Convention of regulating recognition and enforcement of judgments within the scope of the Convention. While the rules are mandatory, their operation does not necessarily mandate actual recognition or enforcement of judgments within scope. In Article 4, the judgment given by a court of a Contracting State shall be recognized and enforced in other Contracting States. Meanwhile, Article 5 provides the criteria of eligibility for recognition and enforcement of judgments with certain features. The chapter cites how Article 6 creates an obligation that overrides other provisions of the Convention, while Article 7 then provides discretionary grounds for refusal of recognition or enforcement of judgments.

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