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Civil Jurisdiction and Judgments in Europe - The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention by Hartley, Trevor C (20th July 2017)

Part III Recognition and Enforcement, 20 Hague

From: Civil Jurisdiction and Judgments in Europe: The Brussels I Regulation, the Lugano Convention, and the Hague Choice of Court Convention

Trevor C Hartley

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 September 2019

Subject(s):
Recognition and enforcement of foreign judgments – traditional rules

This chapter considers recognition and enforcement under the Hague Convention. Hague applies only to judgments given by a court of a State to which the Hague Convention applies, and it applies only if the court of origin had jurisdiction under a choice-of-court agreement. The position under Hague is different from that under Brussels 2012 and Lugano 2007 since the court addressed is not precluded from deciding for itself whether the choice-of-court agreement was valid and the claim was within its scope. Apart from this, Hague has a great deal in common with Brussels and Lugano, though there are a number of additional provisions in the former that find no counterpart in the latter. The relevant provisions are found in Part III of the Convention. Article 8 lays down the general conditions for recognition; Article 9 provides certain specific grounds for non-recognition and subsequent Articles deal with special issues. Each of these provisions are considered in turn.

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