Part III Validity and Effect, 9 Recognition and Enforcement of Judgments
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
- Choice of court and consumer contracts — Choice of court and insurance — Validity and effect — Choice of court and employment contracts — Severable agreements — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Public policy — Judgments from courts of a member state — Commencing proceedings — Heads of damages — Non-monetary relief — Capacity of parties
9.01 In this chapter, we consider the recognition and enforcement of judgments given under a choice-of-court agreement (the effect of a ruling by a foreign court on the validity of a choice-of-court agreement is discussed in Chapter 7, § 6). The basic principle under all the instruments is that judgments given under a choice-of-court agreement must be recognized and enforced; nevertheless, there are important differences between the European instruments and the Hague Convention. Before considering them, however, a basic distinction that applies in all of them...