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Part V Effective Enforcement, 18 Enforcing Judgment Debts

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

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

Defences to enforcement — Jurisdiction under the Lugano Convention — Jurisdiction under the Brussels I Regulation — EU Free Trade Area Rules
18.01 Many cases end in settlement, but not all. Even those that eventually settle do so partly in the light of the enforceability of any judgment that might be obtained. More importantly, a claimant will not proceed at all unless effective enforcement is likely. Nor will a claimant proceed in a given court unless the judgments of that court are likely to be enforced where the defendant’s assets are located. In that sense the enforcement of judgments makes disputes viable. Disputes, whether concerning jurisdiction or the merits, only arise because enforcement risk...
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