Part III Jurisdiction, Foreign Judgments and Awards, Ch.15 Recognition and Enforcement of Foreign Judgments: the Traditional Rules
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- Recognition and enforcement of foreign judgments – traditional rules — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Governing law clauses — Abuse of process — Fraud — Public policy — Defences to enforcement — Limitations on jurisdiction — Family law — Law of the country of domicile — Issue and cause of action estoppel — Promissory estoppel
Unsatisfied foreign judgments give rise to complicated questions of private international law. If a claimant fails to obtain satisfaction of a judgment in the country where it has been granted, the question arises as to whether it is enforceable in another country where the defendant is found. It is clear at the outset that owing to the principle of territorial sovereignty a judgment delivered in one country cannot, in the absence of international agreement, have a direct operation of its own force in another. Levy of execution, for instance, cannot issue in...