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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

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 28 November 2020

Subject(s):
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...
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