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Recognition and enforcement of judgments in civil and commercial matters in the Brussels I Recast and some lessons from it and the recent Hague Conventions for the Hague Judgments Project
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Beaumont, Paul and Walker, Lara (2015) Recognition and enforcement of judgments in civil and commercial matters in the Brussels I Recast and some lessons from it and the recent Hague Conventions for the Hague Judgments Project. Journal of Private International Law, 11 (1). pp. 31-63. doi:10.1080/17536235.2015.1033197 ISSN 1744-1048.
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Official URL: http://dx.doi.org/10.1080/17536235.2015.1033197
Abstract
This article looks at the rules on the recognition and enforcement of civil and commercial judgments in the EU and internationally. It provides a detailed description of the procedure for recognition (if requested) and enforcement introduced by the new Brussels I in January 2015 and compares this with the previous procedure. The article then seeks to provide suitable recommendations for the procedure on recognition and enforcement in a future Hague Judgments Convention. In order to inform these recommendations, the article analyses the current procedures in Brussels I, the Hague Choice of Court Convention and the Hague Maintenance Convention 2007. The authors argue that the substantive grounds for non-recognition/enforcement (ie those unrelated to the jurisdictional basis of the original judgment) could be reduced to manifestly contrary to public policy and irreconcilable judgments. It would also be helpful if there were minimum harmonisation of the enforcement procedure so that national and international grounds for non-enforcement could be considered in the same set of proceedings.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Journal of Private International Law | ||||
Publisher: | Hart Publishing Ltd. | ||||
ISSN: | 1744-1048 | ||||
Official Date: | 2015 | ||||
Dates: |
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Volume: | 11 | ||||
Number: | 1 | ||||
Page Range: | pp. 31-63 | ||||
DOI: | 10.1080/17536235.2015.1033197 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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