Part III Jurisdiction, Foreign Judgments and Awards, 15 Recognition and Enforcement of Foreign Judgments and Arbitral Awards in England—An Introduction

International Agreement ◽

The European Union ◽

European Free Trade Association ◽

Direct Operation ◽

The Uk

This chapter examines how foreign judgments and arbitral awards are recognised and enforced in England. Unsatisfied foreign judgments and arbitral awards give rise to complicated questions concerning private international law. 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. This chapter first considers the effect given to foreign judgments and arbitral awards before discussing the different regimes governing recognition and enforcement of foreign judgments. In particular, it looks at judgments from outside the European Union and European Free Trade Association (EFTA), judgments from an EU or EFTA state, and judgments from other parts of the UK. It also analyses issues relating to insolvency, family law, and wills and successions and concludes with an overview of rules under which foreign arbitral awards are recognised and enforced.

Clarkson & Hill's Conflict of Laws

10.1093/he/9780198732297.001.0001 ◽

2016 ◽

Cited By ~ 2

Author(s):

Jonathan Hill ◽

Máire Ní Shúilleabháin

Keyword(s):

International Law ◽

Family Law ◽

Case Law ◽

Basic Principles ◽

Conflict Of Laws ◽

European Legislation ◽

Theoretical Issues

Clarkson & Hill's Conflict of Laws, now in its fifth edition, provides a clear and up-to-date account of private international law topics. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented, offering clarity on complex points and terminology. The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the chapters provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law.

SPECIALIZATION OF JURISDICTION BACK FROM OBLIVION – A NEW ATTENTIVE AND ASSIDOUS APPROACH TO COMPLEX CROSS BORDER FAMILY LAW CASES OR POSSIBLE REVITALIZATION OF ‘MUTUAL TRUST’

EU 2021 – The future of the EU in and after the pandemic ◽

10.25234/eclic/18319 ◽

2021 ◽

Author(s):

Milka Rakočević ◽

Ilija Rumenov

Keyword(s):

International Law ◽

Family Law ◽

Mutual Trust ◽

Legal Systems ◽

The European Union ◽

Political Decision ◽

Cross Border ◽

Complex Cross ◽

The Hague

New trend emerges in the quest for establishing real actual trust between the main stakeholders in the complex cross border family law cases, which is providing for concentration of jurisdiction. The Hague Conference of Private International Law (HCCH) and the European Union (EU) are in forefront of establishing concentrating jurisdiction for those proceedings based on limitation of the number of courts in order to solve two problems: to enhance the predictability and the uniformity of the outcomes in these cases and to re-establish the mutual trust on realistic grounds instead of its current notion as a political decision. Such strategy is welcomed since it starts from the bottom and it tends to elevate the trust between the persons concerned in these proceedings and with that it stretches its prerogatives to the top, which is to enhance the trust between the legal systems. Whether it will succeed it depends again on the modalities of its establishment in the national legal systems. Generally, specialization of jurisdiction is frequently considered to be an important reform initiative in improving the development of a successful judicial system which is why it is recognized as a rapidly growing trend regarding the organization of the judiciary systems worldwide. The article will discuss the concepts of specialization of jurisdiction and its possible implementation in the national legal system of Republic of North Macedonia (N. Macedonia) regarding the complex cross border family law cases.

Part V Family Law, 26 Cross-border Surrogacy

10.1093/law/9780199678983.003.0026 ◽

2017 ◽

Author(s):

Torremans Paul

Keyword(s):

Human Rights ◽

International Law ◽

Family Law ◽

International Level ◽

Surrogate Mothers ◽

Cross Border ◽

Human Fertilisation ◽

Legal Problems ◽

The Uk

This chapter examines issues surrounding the regulation of cross-border surrogacy. There is a complete void in the regulation of surrogacy arrangements at the international level, with no specific provisions designed to regulate this emerging area of international family law. In the absence of a global legislative response, highly complex legal problems arise. Among these problems, the key private international law issue is legal parenthood, along with nationality and immigration. This chapter first addresses the issue regarding legal parenthood as it relates to cross-border surrogacy before discussing the diversity in national approaches to surrogacy. It then analyses the UK approach to surrogacy, focusing on ‘section 54’ requirements of Human Fertilisation and Embryology Act 2008 and authorisation of payments to surrogate mothers that exceed the reasonable pregnancy-related expenses, and concludes with an overview of human rights considerations relating to cross-border surrogacy.

Konsekwencje brexitu w dziedzinie prawa prywatnego międzynarodowego

Problemy Prawa Prywatnego Międzynarodowego ◽

10.31261/pppm.2020.27.05 ◽

2020 ◽

pp. 138-158

Author(s):

Sylwia Majkowska-Szulc

Keyword(s):

European Union ◽

United Kingdom ◽

Member State ◽

International Law ◽

The European Union ◽

The United Kingdom ◽

The Future ◽

The Uk ◽

The Eu

Brexit is a unique phenomenon as no Member State has ever expressed the will to leave the European Union. Never before had the in-depth impact of a Member State withdrawal been analysed. The issue has started to be analysed after the referendum in which the British voted in favour of leaving the European Union. The topic of the potential consequences of Brexit in the field of private international law concerns, inter alia, national jurisdiction in civil and commercial matters, mutual recognition and enforcement of judgments, specific procedures of EU uniform law, judicial cooperation between Member States or the functioning of the e-Justice Portal and dynamic forms. Before a given Member State withdraws from the EU, interested parties should have been informed, inter alia, of how pending proceedings will be conducted starting with the withdrawal day, what about proceedings initiated at the date of withdrawal or later on, and what about the rulings of the courts of the applicant state covered by the exequatur procedure before the withdrawal. Therefore, the primary purpose of the article is to determine the framework for the future relationship between the EU and the UK in the field of private international law. An additional aim of this paper is to better prepare natural and legal persons for the new post-Brexit reality. European integration has brought Europe peace and prosperity and enabled unprecedented cooperation in all areas of common interest. Following the withdrawal decision, the state and its citizens cease to benefit from the acquis communautaire. In fact, the United Kingdom left the European Union on 31 January 2020. As far as private international law is concerned, the United Kingdom has become a third country. Subsequently, on 1 February 2020 a transition period has started and it aims to provide more time for citizens and businesses to adapt. The negotiations on the future partnership between the EU and the UK has started in March 2020, but they were postponed due to the coronavirus COVID-19 pandemic. The relationship between the United Kingdom and the European Union is sometimes compared to love that has passed away, but former lovers must continue to meet from time to time to manage certain common affaires. The analysis of the topic leads to the conclusion that, in fact, Brexit is a unique phenomenon that has no added value.

Part V Family Law, 24 Financial Relief

10.1093/law/9780199678983.003.0024 ◽

2017 ◽

Author(s):

Torremans Paul

Keyword(s):

International Law ◽

Family Law ◽

English Court ◽

Choice Of Law ◽

System Maintenance ◽

The Hague

This chapter examines three main questions of private international law that arise from petitions for financial relief: the jurisdiction of the English court; the power to order relief after a foreign divorce/dissolution, annulment or legal separation; and the recognition and enforcement of foreign decrees or orders in relation to financial relief. It first considers the jurisdiction of the English court under the general jurisdictional rules, the Brussels/Lugano system, Maintenance Regulation, and Lugano Convention before discussing the powers of the English court to grant financial relief after a foreign divorce/dissolution, annulment or legal separation. It also analyses the choice of law rules governing financial relief, along with the recognition and enforcement of foreign orders, and concludes with an overview of international initiatives such as the Hague Conference on Private International Law.

Cheshire, North and Fawcett: Private International Law

10.1093/law/9780199678983.001.0001 ◽

2017 ◽

Author(s):

Grušić Uglješa ◽

Heinze Christian ◽

Merrett Louise ◽

Mills Alex ◽

Otero García-Castrillón Carmen ◽

...

Keyword(s):

International Law ◽

Family Law ◽

Basic Principles ◽

Extensive Coverage ◽

The Subject ◽

The Law ◽

Contractual Obligations ◽

Complex Subject

The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law. The book provides comprehensive and accessible coverage of the basic principles of private international law. It offers a rigorous academic examination of the subject and also a practical guide to the complex subject of private international law. Written by academics who previously worked as solicitors, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession, and trusts.

EU Country and EFTA Country Export Differences

Journal of Risk and Financial Management ◽

10.3390/jrfm14040147 ◽

2021 ◽

Vol 14 (4) ◽

pp. 147

Author(s):

Guðmundur Kristján Óskarsson ◽

Helga Kristjánsdóttir

Keyword(s):

Gross Domestic Product ◽

Geographic Distance ◽

Domestic Product ◽

Trade Association ◽

The European Union ◽

European Free Trade Association ◽

Efta Country ◽

Trade Bloc ◽

The Uk ◽

The Eu

This research seeks to analyze the export differences facing countries in the EU and EFTA. This is firstly to analyze the effects on international trade of the trade bloc of the European Union (EU), and secondly the European Free Trade Association (EFTA), and provide a comparison of these two. This research seeks to analyze exports determinants to answer these two questions. There are two countries selected for this study, the small EFTA country Iceland, and the large EU country UK, before BREXIT. We apply a gravity model in our econometric analysis, with exports dependent on the gross domestic product, population, and geographic distance. We estimate these effects on the exports of both the UK and Iceland in separate equation systems. We conclude that exports from the UK, before BREXIT, are more negatively affected by geographical distance than exports for the EFTA country Iceland, when corrected for gross domestic product and population size.

Universal, Regional, National – Ways of the Development of Private International Law in 21st Century ◽

Recent Developments in European Private International Law under Case Law of the Court of Justice

10.5817/cz.muni.p210-9497-2019-14 ◽

2019 ◽

pp. 315-335

Author(s):

Miroslav Slašťan

Keyword(s):

European Union ◽

International Law ◽

Case Law ◽

The European Union ◽

International Jurisdiction ◽

Court Of Justice ◽

Recent Developments ◽

The Subject

Within the context of the subject of the Private International Law Section, the contribution identifies selected recent judgments of the Court of Justice of the European Union, which indicate further developments in this area of law. The contribution will focus on the provisions for determining international jurisdiction as well as the recognition and enforcement of foreign decisions.

THE COMMUNITARIZATION OF DIVORCE RULES: WHAT IMPACT FOR ENGLISH AND SCOTTISH LAW?

International and Comparative Law Quarterly ◽

10.1093/iclq/53.3.605 ◽

2004 ◽

Vol 53 (3) ◽

pp. 605-642 ◽

Cited By ~ 4

Author(s):

Peter Mceleavy

Keyword(s):

European Union ◽

International Law ◽

Detailed Analysis ◽

European Community ◽

Family Law ◽

The European Union ◽

Directorate General ◽

Council Regulation ◽

Free Movement Of Persons

Family law may not be an area one immediately associates with the European Community but in recent years it has rapidly emerged as an important element of the ever-expanding portfolio of the Justice and Home Affairs Directorate General.1 Facilitating the circulation of family law orders through the harmonization of private international law rules is viewed in Community circles as essential if the free movement of persons is to be guaranteed within the European Union.2 The merits of this policy and the manner in which the transformation of the Brussels II Convention3 into a Council Regulation4 was used to acquire wider competence in respect of family law matters have both previously been considered.5 In the present paper such policy considerations are left aside to allow for a detailed analysis of those rules which deal with divorce and their effect on English and Scottish law.

The Brussels II Regulation: How the European Community has Moved into Family Law

International and Comparative Law Quarterly ◽

10.1093/iclq/51.4.883 ◽

2002 ◽

Vol 51 (4) ◽

pp. 883-908 ◽

Cited By ~ 6

Author(s):

Peter McEleavy

Keyword(s):

United Kingdom ◽

International Law ◽

European Community ◽

Family Law ◽

Parental Responsibility ◽

The United Kingdom ◽

Significant Step ◽

Council Regulation

On 1 March 2001 Council Regulation (EC) No 1347/2000 of 29 May 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of both Spouses (Brussels II) entered into force.1 In the United Kingdom at least this significant step went relatively unnoticed. Nevertheless, the Regulation marks a new departure for the European Community and is likely to be but the first in a series of instruments dealing with family law issues. This article will use an analysis of the evolution of the Brussels II initiative to explore how and why the European Community has been able to move into an area not innately associated with traditional European goals.2 It will then reflect on the wider impact of the Regulation and any future initiatives for private international law and family law in Europe.