2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters

2019 ◽  
Vol 25 (2) ◽  
pp. 437-510
Author(s):  
Junhyok JANG
Keyword(s):  
Hague Convention ◽  
Recognition And Enforcement

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.

KRATAK OSVRT NA HAŠKU KONVENCIJU O PRIZNANjU I IZVRŠENjU STRANIH SUDSKIH ODLUKA U GRAĐANSKIM ILI TRGOVAČKIM STVARIMA IZ 2019. GODINE

2021 ◽  
pp. 407-421
Author(s):  
Slavko Đorđević ◽  
Keyword(s):  
Strong Influence ◽  
Hague Convention ◽  
Recognition And Enforcement ◽  
Scope Of Application ◽  
International Instruments ◽  
As Relationship ◽  
Paper Author

In this paper author briefly analyzes certain provisions of Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, aiming to explain the regime of recognition and enforcement which is established by this convention and to make a point to the flexibility of this convention which may have a strong influence on a number of states worldwide (including Serbia) to accept it. Having this in mind, the author provides brief presentation and analysis of provisions of HCCH 2019 Judgments Convention which regulate material scope of application, eligibility of judgment for recognition and enforcement, grounds for refusal of recognition and enforcement, procedure, giving the notification with regard to the limitation of application of the HCCH 2019 Judgments Convention as well as relationship between this convention and other international instruments.

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.

The Impact of (Mis)communication on International Commercial Arbitration

2020 ◽  
Author(s):  
Carolina Arlota
Keyword(s):  
International Business ◽  
Empirical Studies ◽  
Hague Convention ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Legal Traditions ◽  
Recognition And Enforcement ◽  
Different Cultures ◽  
The Impact ◽  
Principal Method

International commercial arbitration is often considered the principal method for solving disputes between international business parties mainly because of its final and binding nature. International commercial arbitration is a valued alternative to litigation in foreign courts, while also avoiding simultaneous legal claims in different jurisdictions around the globe. In this context, effective communication among private parties, which is defined as steering clear of potential miscommunications among them in international business transactions, is essential for the negotiation of successful arbitration agreements and efficient international arbitral proceedings. Complexities concerning the communication among parties located in different countries—with different cultures and distinct legal traditions—abound. Such complexities are informative of the main stages of international commercial arbitration, namely, before reaching the negotiation table, during the writing of the arbitration agreement, and after a legal dispute arises. This topic has not been subject to comprehensive analysis, despite its significant impact on the parties’ business needs and related optimization of their interests. In addition, trending relevant issues in the field include the recently signed Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, the increasing judicialization of international arbitration proceedings, the increasing use of artificial intelligence and empirical studies in international commercial arbitration.

Part V Family Law, 25 Children

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
International Law ◽  
Union Member ◽  
Common Law ◽  
Hague Convention ◽  
European Union Member State ◽  
Private International Law ◽  
Parental Responsibility ◽  
Council Of Europe ◽  
Child Abduction ◽  
Recognition And Enforcement

This chapter examines private international law rules that govern orders concerning children, including orders determining with whom a child shall live or with whom he may have contact. It first considers the rules governing the jurisdiction of the English courts as regards parental responsibility matters, the choice of law rules applied, and the different provisions for the recognition and enforcement of parental responsibility and related orders made elsewhere. In particular, it discusses orders granted in another European Union Member State, except Denmark; orders granted in another Contracting State to the 1996 Hague Protection Convention; and orders granted in Scotland and Northern Ireland. It also analyses the relevant provisions of the Child Abduction and Custody Act 1985 and common law rules before concluding with an overview of other important developments including the 1996 Hague Convention and the Council of Europe Convention on Contact concerning Children.

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.

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

Sign in / Sign up

Export Citation Format

Share Document