scholarly journals JUDICIAL COOPERATION IN CIVIL AND COMMERCIAL MATTERS AFTER BREXIT: WHICH WAY FORWARD?

2018 ◽  
Vol 67 (1) ◽  
pp. 99-128 ◽  
Author(s):  
Giesela Rühl
Keyword(s):  
Hague Convention ◽  
Judicial Cooperation ◽  
Choice Of Law ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Many ◽  
The Uk ◽  
The Hague Convention ◽  
Rome I ◽  
The Eu

AbstractJudicial cooperation in civil and commercial matters is generally perceived to be of a rather ‘specialist and technical nature’. However, for the many UK and EU citizens, families and businesses who work, live, travel and do business abroad, the current European framework for choice of law, jurisdiction and recognition and enforcement is of paramount importance. The article, therefore, explores how that framework might look like after Brexit and explores the merits and demerits of the various ways forward. It argues that the best option for both the UK and the EU would be to agree on the continued application of the existing EU instruments or to strive for conclusion of a new agreement that closely replicates these instruments. If no such agreement can be reached the UK should decide to apply the Rome I and Rome II Regulations unilaterally and sign the Lugano Convention of 2007 as well as the Hague Convention on Choice of Court Agreements of 2005.

Part I General and Introductory, 3 From What Date Do the Instruments Apply?

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
Hague Convention ◽  
Legal Proceedings ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Hague Convention ◽  
The Eu

This chapter considers when Brussels 2012, Lugano 2007, and the Hague Convention came into force and to which legal proceedings they apply. Brussels 2012 was adopted on 12 December 2012 and became applicable on 10 January 2015. It applies only to legal proceedings instituted after its date of application. If proceedings are instituted before that date, their recognition and enforcement will depend on Brussels 2000, even if the application for recognition is made after Brussels 2012 becomes applicable. Lugano 2007 was signed in Lugano on 30 October 2007. It entered into force for the EU, Denmark, and Norway on 1 January 2010; for Switzerland on 1 January 2011 and for Iceland on 1 May 2011. The Hague Convention was adopted on 30 June 2005 and entered into force on 1 October 2015.

scholarly journals The relevance and problems of the Hague Convention of July 2 2019 on the recognition and enforcement of foreign judgments ratification by the Russian Federation

2020 ◽  
Vol 8 (2) ◽  
pp. 31-35
Author(s):  
Marina Senicheva
Keyword(s):  
Russian Federation ◽  
Hague Convention ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Russian Federation ◽  
The Hague ◽  
The Hague Convention

The article sheds some light on problems that impede the ratification by the Russian Federation of the Hague Convention on the recognition and enforcement of foreign judgements of July 2, 2019. As a result of analysis of the risks and prospects of ratification by the Russian Federation of the Hague Convention on the Recognition and Enforcement of Foreign judgements of July 2, 2019, the author concludes that there are no legal contradictions that could adversely affect ratification of the convention in question. In this regard it is possible to conclude that these are political contradictions and the Russian Federation’s reluctance to build a cross-border system for recognizing and enforcing decisions of foreign courts that can impede the convention's ratification

scholarly journals A convenção de haia sobre a cobrança internacional de alimentos em benefício dos filhos e de outros membros da família: a recente recepção pelo ordenamento jurídico brasileiro

2019 ◽  
Vol 42 (2) ◽  
pp. 76-96
Author(s):  
Luciane Klein Vieira ◽  
Taísa Nara de Oliveira Barbosa
Keyword(s):  
International Cooperation ◽  
Child Support ◽  
Hague Convention ◽  
Efficient Communication ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Hague Convention ◽  
Weak Party

O presente artigo tem como foco a cobrança internacional de alimentos, sua natureza e seus procedimentos, tendo em vista a recente ratificação da Convenção de Haia sobre a Cobrança Internacional de Alimentos em Benefício dos Filhos e de outros Membros da Família, pelo Brasil, em 2017. Neste sentido, busca estudar, em matéria de alimentos, o processo de reconhecimento e de execução de decisões estrangeiras a que estão submetidos os países signatários da referida Convenção, preocupando-se menos com um olhar individual e específico sobre como as sentenças transnacionais são reconhecidas e executadas no Brasil e mais com uma visão ampla sobre os principais aspectos da Convenção sobre as obrigações alimentares. O principal objetivo é demonstrar como a cooperação internacional, através das autoridades centrais, permite uma comunicação mais rápida e eficaz entre os Estados partes, beneficiando, deste modo, ao alimentando, objeto da tutela pretendida Abstract This article analyzes the international recovery of alimony, its nature and its procedures, in view of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, ratified by Brazil in 2017. The article seeks to study, in the matter of alimony, the process of recognition and enforcement of foreign decisions to which the signatory countries of the Convention are subject. This seeks less an individual and specific look at how transnational sentences are recognized and enforced in Brazil and a broader view on the main aspects of the Convention on maintenance obligations. The main focus is on the objective of demonstrating how international cooperation between the states, through the central authorities, which allows for a faster and more efficient communication between the States Parties, thus benefiting the weak party, the object of the intended protection.

10. International Relocation and Child Abduction

2018 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Hague Convention ◽  
International Relocation ◽  
Child Abduction ◽  
International Child ◽  
Questions And Answers ◽  
Essay Question ◽  
The Hague ◽  
The Law ◽  
The Hague Convention ◽  
The Eu

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on international relocation and child abduction. The first question is an essay question that considers the law relating to international relocation, ie how the English courts have dealt with applications to relocate out of the jurisdiction (eg Payne v Payne). The second is a problem question that requires the application of the Hague Convention on the Civil Aspects on International Child Abduction 1980 and the EU Regulations (BIIR), but also considers the law that applies if a child is taken to England and Wales from a country that has not ratified the Hague Convention.

Part III Recognition and Enforcement, 20 Hague

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
Hague Convention ◽  
Article 9 ◽  
Recognition And Enforcement ◽  
The Hague ◽  
The Hague Convention ◽  
General Conditions

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.

Part I General and Introductory, 2 International and Territorial Application

2017 ◽  
Author(s):  
Hartley Trevor C
Keyword(s):  
European Union ◽  
International Law ◽  
Hague Convention ◽  
Eu Law ◽  
The European Union ◽  
The Hague ◽  
The Hague Convention ◽  
The Eu

This chapter discusses the scope of the Brussels 2012, Lugano 2007, and the Hague Convention. This is an important issue because if a case is outside their scope, they will not apply. It considers the international and territorial aspects: the rule that the instruments apply only in situations with an international element; and the fact that they apply only to particular territories. All three instruments apply in the European Union as part of EU law. Their territorial scope is, first and foremost, to be determined by looking at the EU Treaties. In the non-EU Parties to Lugano and Hague, the position is different. In those States, the instruments apply by virtue of international law.

Between National Interests and Global Business: China’s Possible Reservations to the Hague Convention on Choice of Court Agreements

2020 ◽  
Vol 11 (2) ◽  
pp. 295-318
Author(s):  
Wei Cai ◽  
Jonathan Kolieb
Keyword(s):  
Positive Impact ◽  
Hague Convention ◽  
Pragmatic Approach ◽  
Global Business ◽  
National Interests ◽  
Chinese Law ◽  
Recognition And Enforcement ◽  
Pros And Cons ◽  
The Hague ◽  
The Hague Convention

Abstract In September 2017, China signed the Hague Convention on Choice of Court Agreements. There are no obstacles preventing China from ratifying the Convention. However, the possible reservations China may declare appear to be a key concern for the success of the Convention. This article identifies the key conflicts between the Convention and Chinese law and practice, and analyses the pros and cons of some possible reservations the Chinese authorities may consider when ratifying the Convention. China’s ratification of the Convention would have a positive impact on the global recognition and enforcement of foreign civil and commercial judgments. Although China may have some specific concerns (e.g. national security) in its recognition and enforcement of particular foreign judgments, it is desirable that China adopts a pragmatic approach and minimize the number and extent of its reservations to the Convention.

Bermuda

2020 ◽  
Author(s):  
Anna Bruce-Smith ◽  
Ben Adamson
Keyword(s):  
Hague Convention ◽  
The Hague ◽  
Uk Government ◽  
The Uk ◽  
The Hague Convention

The UK Recognition of Trusts Act 1987 (‘RTA 1987’) was made applicable to Bermuda as of 1 June 1989 by an Order in Council from the UK government. The RTA 1987 incorporates the key provisions of The Hague Convention on the Recognition of Trusts (the ‘Hague Convention’). The Trusts (Special Provisions) Act 1989 (‘TSPA 1989’), one of Bermuda’s key trust statutes, adopted certain provisions of the Hague Convention verbatim and came into effect on 31 January 1990.

I. The 20th Session Of The Hague Conference: A New Choice Of Court Convention And The Issue Of Ec Memebership

2006 ◽  
Vol 55 (2) ◽  
pp. 447-456 ◽  
Author(s):  
Thalia Kruger
Keyword(s):  
New York ◽  
Hague Convention ◽  
Arbitration Clause ◽  
Recognition And Enforcement ◽  
The Hague ◽  
New York Convention ◽  
20Th Session ◽  
The Hague Convention

On 30 June 2005 a Convention to respect choice of court agreements was finally born. The Hague Convention on Choice of Court Agreements aspires to be parallel to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) (‘New York Convention’). The exception is that if an equally broadly accepted convention exists with respect to choice of court agreements,1 business parties will have an alternative to choosing arbitration in their contracts. If they have the assurance that a judgement will be recognized and enforced in a large number of States, some might be more inclined to insert a choice of court clause instead of an arbitration clause. This assumption has been confirmed by ICC research.2

Is the Jurisdiction of England and Wales Correctly Applying the 1980 Hague Convention on the Civil Aspects of International Child Abduction?

2002 ◽  
Vol 51 (2) ◽  
pp. 427-435 ◽  
Author(s):  
Sarah Armstrong
Keyword(s):  
Significant Proportion ◽  
Hague Convention ◽  
Central Authority ◽  
England And Wales ◽  
Child Abduction ◽  
International Child ◽  
The Usa ◽  
The Hague ◽  
The Uk ◽  
The Hague Convention

The jurisdiction of England and Wales is vastly experienced in application of the Hague Convention on the Civil Aspects of International Child Abduction1 (the Convention). The UK2 was the fifth3 Contracting State to the Convention, which now boasts 70 State Parties,4 and England and Wales consistently handles a significant proportion of annual Convention applications. In terms of applications, which were processed by Central Authorities, England and Wales was the second busiest Convention jurisdiction in 1999.5 The USA handled 466 applications, England and Wales 329, and Germany 210. Indeed the Central Authority for England and Wales handled more applications than any other, the USA having split incoming and outgoing applications between two separate bodies.6

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