Log in

Relevant bibliographies by topics / Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters / Journal articles

To see the other types of publications on this topic, follow the link: Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.

Journal articles on the topic 'Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters'

Author: Grafiati

Published: 28 July 2024

Last updated: 31 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Forsyth, Christopher, and Philip Moser. "The Impact of the Applicable Law Of Contract on the Law of Jurisdiction under the European Conventions." International and Comparative Law Quarterly 45, no. 1 (1996): 190–97. http://dx.doi.org/10.1017/s0020589300058723.

Full text

Abstract:

The Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, agreed in Brussels on 27 September 1968 (and generally referred to as the Brussels Convention), has been part of English law since the coming into force of the Civil Jurisdiction and Judgments Act 1982.1 The Convention now dominates the law of jurisdiction in civil and commercial matters as well as the law governing the recognition and enforcement of foreign judgments.

APA, Harvard, Vancouver, ISO, and other styles

2

Dinda Rizqiyatul Himmah. "KONVENSI PUTUSAN PENGADILAN ASING DEN HAAG 2019: PERSPEKTIF HUKUM PERDATA INTERNASIONAL INDONESIA." Mimbar Hukum 34, no. 2 (2022): 618–48. http://dx.doi.org/10.22146/mh.v34i2.3485.

Full text

Abstract:

Abstract The issue of recognition and enforcement of foreign judgments is one of the scopes of Private International Law. On 2 July 2019, the Hague Conference on Private International Law (HCCH), as an inter-governmental organization facilitating cross-border cooperation in civil or commercial matters, has concluded the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Judgments Convention). This Convention aims to facilitate cross-border recognition and enforcement of foreign judgments within member states. This research aiming to examine the p

APA, Harvard, Vancouver, ISO, and other styles

3

TRỊNH THỊ KIM LOAN та TRẦN THỊ NGỌC HÀ. "Khả năng việt nam gia nhập vào Công ước La Haye năm 2019 về công nhận, cho thi hành phán quyết nước ngoài trong lĩnh vực dân sự, thương mại". Tạp chí Khoa học Pháp lý Việt Nam, № 03(187) (31 березня 2025): 75–87. https://doi.org/10.70236/tckhplvn.243.

Full text

Abstract:

The article analyzes key provisions of the 2019 Hague Convention on the recognition, enforcement, and refusal of foreign judgments in civil and commercial matters. It then assesses the compatibility of Vietnamese law with the Convention’s regulations and explores the feasibility of Vietnam’s accession. Based on this analysis, the article provides recommendations for improving Vietnamese law regarding the recognition, enforcement, and refusal of foreign judgments.

APA, Harvard, Vancouver, ISO, and other styles

4

Okorley, Solomon. "possible impact of the 2019 Hague Convention on the recognition and enforcement of foreign judgments in civil or commercial matters on the grounds of international competence in Ghana." UCC Law Journal 2, no. 1 (2022): 85–112. http://dx.doi.org/10.47963/ucclj.v2i1.900.

Full text

Abstract:

The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters is a product of the Judgments Project of the Hague Conference on Private International Law. The Hague Judgment Convention has the advantage of providing business partners with a simple, efficient, and predictable structure with regards to the recognition and enforcement regime; as well as reducing related cost. More specifically, the convention fosters predictability and certainty in international commercial relations by enabling international commercial partners to be precisely inf

APA, Harvard, Vancouver, ISO, and other styles

5

Sánchez Fernández, Sara. "EL CONVENIO DE LA HAYA DE RECONOCIMIENTO Y EJECUCIÓN DE SENTENCIAS: ARQUITECTURA Y ALGUNOS PROBLEMAS SELECCIONADOS." Revista española de derecho internacional 73, no. 1 (2021): 233–51. http://dx.doi.org/10.17103/redi.73.1.2021.1.09.

Full text

Abstract:

On 2 July 2019, the Hague Conference adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. It establishes a minimum standard for the recognition and enforcement which is built on two main elements: a catalogue of jurisdictional filters and a number of grounds to refuse recognition and enforcement. This contribution presents the Convention key elements, comparing them with the current rules on this matter in Spain, i. e. Brussels I bis Regulation and Ley de Cooperación Jurídica Internacional. In addition, we analyze two issues that may ar

APA, Harvard, Vancouver, ISO, and other styles

6

Calliess, Gralf-Peter. "Value-added Norms, Local Litigation, and Global Enforcement: Why the Brussels-Philosophy failed in The Hague." German Law Journal 5, no. 12 (2004): 1489–98. http://dx.doi.org/10.1017/s2071832200013365.

Full text

Abstract:

In the early Nineties the Hague Conference on International Private Law on initiative of the United States started negotiations on a Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (the “Hague Convention“). In October 1999 the Special Commission on duty presented a preliminary text, which was drafted quite closely to the European Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters (the “Brussels Convention“). The latter was concluded between the then 6 Member States of the EEC in Brussels in 1968 and amended

APA, Harvard, Vancouver, ISO, and other styles

7

Zirat, Gennadii. "Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: A New Contribution of the Hague Conference on Private International Law to the Unification of International Civil Procedure." Ukrainian Journal of International Law 3 (September 30, 2020): 105–11. http://dx.doi.org/10.36952/uail.2020.3.105-111.

Full text

Abstract:

An overview of certain provisions of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019 is provided. The analysis shows that this international legal document combines provisions that have proven their validity and effectiveness in other international legal instruments, and relatively new provisions that only appear in such acts. This combination aims to ensure a certain succession, and to take a step forward in improving and developing international legal instruments to regulate such extremely important issues as the recognition and enfo

APA, Harvard, Vancouver, ISO, and other styles

8

Dauer, Frank. "The indirect criteria for the recognition and enforcement of foreign judgments." American Yearbook of International Law 1, no. 1 (2023): 540–91. http://dx.doi.org/10.12681/ayil.33045.

Full text

Abstract:

The twenty-second diplomatic session of the Hague Conference on Private International Law closed on 2 July 2019 with the adoption of the Convention on the Recognition and Enforcement of Foreign Decisions in Civil and Commercial Matters, also known as the Judgments Convention. The present work focused on analyzing the indirect criteria that are provided for in art. 5 of the Conference of the Hague for the recognition and enforcement of judgments. This is an ambitious project that will give rise to a global enforcement regime on the circulation of judgments. The shortcomings are still many as we

APA, Harvard, Vancouver, ISO, and other styles

9

Okinčic, Sebastjan. "„Brexito“ įtaka tarptautiniam bylinėjimuisi." Teisė 128 (October 5, 2023): 133–47. http://dx.doi.org/10.15388/teise.2023.128.9.

Full text

Abstract:

By concentrating on the few recognised instruments of private international law, the article analyses problems in international commercial dispute resolution arising from Brexit. In particular, the paper deals with the relevance of, firstly, the 2007 Lugano Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; secondly, the 2005 Hague Convention on Choice of Court Agreements; and, thirdly, the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, all in the context of Brexit. Contextu

APA, Harvard, Vancouver, ISO, and other styles

10

Mataczyński, Maciej. "On the recognition and enforcement of foreign judgments in civil or commercial matters." Ruch Prawniczy, Ekonomiczny i Socjologiczny 86, no. 2 (2024): 317–37. http://dx.doi.org/10.14746/rpeis.2024.86.2.16.

Full text

Abstract:

Inspiracją tego artykułu recenzyjnego jest monografia The HCCH 2019 Judgments Convention: Cornerstones, Prospects, Outlook pod redakcją Matthiasa Wellera, João Ribeiro-Bidaoui, Moritza Brinkmanna i Niny Dethloff (Hart Publishing, 2023). Została ona zaprezentowana podczas konferencji naukowej pod tym samym tytułem, zorganizowanej w dniach 9–10 czerwca 2023 r. w Bonn. Poświęcona jest Konwencji o uznawaniu i wykonywaniu zagranicznych orzeczeń sądowych w sprawach cywilnych i handlowych zawartej 2 lipca 2019 r. pod auspicjami Haskiej Konferencji Prawa Prywatnego Międzynarodowego (HCCH). Książka zos

APA, Harvard, Vancouver, ISO, and other styles

11

Trooboff, Peter D., Cara North, Yuko Nishitani, Shubha Sastry, and Riccarda Chanda. "Introductory Remarks by Peter D. Trooboff." Proceedings of the ASIL Annual Meeting 114 (2020): 345–57. http://dx.doi.org/10.1017/amp.2021.89.

Full text

Abstract:

On behalf of the American Society of International Law and as part of its first virtual annual meeting, I am pleased to welcome you to this panel on the promise and prospects of the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As many of those listening know, the negotiations for this newest Hague Convention were concluded at the Hague Conference on Private International Law on July 2, 2019.

APA, Harvard, Vancouver, ISO, and other styles

12

JANG, Junhyok. "2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters." Korea Private International Law Journal 25, no. 2 (2019): 437–510. http://dx.doi.org/10.38131/kpilj.2019.12.25.2.437.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Alhassan, Salifu Bawah. "Juxta-Positioning the Effectiveness of the Common Law and Council Regulation (EC) No. 44/2001 (the Regulation) on the Recognition and Enforcement of Foreign Judgments in the United Kingdom (UK)." Journal of Social and Political Sciences 2, no. 2 (2019): 485–91. https://doi.org/10.31014/aior.1991.02.02.87.

Full text

Abstract:

Under the principle of territorial sovereignty, a judgment delivered in one country cannot be enforced in another country, unless there is an international agreement to that effect. The common law, under some specified circumstances, permits the enforcement of foreign judgments within certain parameters. Under the doctrine of obligation, where a foreign court of competent jurisdiction has adjudicated that a sum of money is due from one person to another, the liability to pay that sum becomes a legal obligation that may be enforced in the UK by an action of debt, thus Russell v Smith. The doctr

APA, Harvard, Vancouver, ISO, and other styles

14

Zasemkova, O. F. "“Judicial Convention” as a New Stage in the Recognition and Enforcement of Foreign Judgments." Lex Russica, no. 10 (October 24, 2019): 84–103. http://dx.doi.org/10.17803/1729-5920.2019.155.10.084-103.

Full text

Abstract:

In May 2018, at the 4th and final meeting of the Special Commission of the Hague Conference on Private International Law, the draft Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters that had been developed since 1992 was represented. It is expected that after the Diplomatic Session that will be held in the mid-2019 the draft will be finalized and the Convention will be adopted and opened for signature.In this regard, the article attempts to analyze the main provisions of the draft Convention and assess the appropriateness for the Russian Federat

APA, Harvard, Vancouver, ISO, and other styles

15

장, 준혁. "Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (Concluded 2 July 2019)." Korea Private International Law Journal 25, no. 2 (2019): 731–68. http://dx.doi.org/10.38131/kpilj.2019.12.25.2.731.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

Jovanović, Marko, and Sanja Marjanović. "Comparative analysis of the systems of recognition and enforcement of foreign judgments pursuant to the Serbian Law on Resolution of Conflicts of Laws with Provisions of Other Countries and the 2019 Hague judgments Convention." Zbornik radova Pravnog fakulteta, Novi Sad 58, no. 4 (2024): 925–55. https://doi.org/10.5937/zrpfns58-54147.

Full text

Abstract:

Slightly more than a year ago, the Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters has entered into force. That Convention was adopted in July 2019 under the auspices of the Hague Conference on Private International Law. Seeing its drafting history, the quality of its solutions and the ambitions of its most vocal proponents, it is likely to expect that the Convention will become one of the most important sources of private international law in future. In light of the potential need for Serbia to join this Convention, it is useful to compare the ru

APA, Harvard, Vancouver, ISO, and other styles

17

Malinovska, Iryna. "“Public Order” as Grounds for Refusal in the Recognition and Enforcement of a Decision in International Commercial Arbitration: Ukrainian Realities and International Experience." Access to Justice in Eastern Europe 5, no. 1 (2022): 154–64. http://dx.doi.org/10.33327/ajee-18-5.1-n000096.

Full text

Abstract:

Background: The question of recognition and enforcement of international commercial arbitration (ICA) decisions, as a prototype of a foreign court decision, finds radically opposite answers in different legal systems and in the doctrine of the ICA. Thus, in the Regulation of the Council (EU) 44/2001 of 22 December 2000 on the jurisdiction, recognition, and enforcement of judgments in civil and commercial matters, formerly the Brussels Convention of 1968 and the Lugano Convention of 1988, the notion of ‘arbitration’ was excluded from the sphere of execution and recognition of foreign court deci

APA, Harvard, Vancouver, ISO, and other styles

18

Stoppenbrink, Katja. "Systemwechsel im Internationalen Anerkennungsrecht: Von der EuGVVO Zur Geplanten Abschaffung des Exequaturs." European Review of Private Law 10, Issue 5 (2002): 641–74. http://dx.doi.org/10.54648/5103418.

Full text

Abstract:

The communitarisation of judicial cooperation in civil matters by the Treaty of Amsterdam marks a new epoch in the unification of law in Europe. The European law of conflict of jurisdictions is affected by this, too. On 1 March 2002 Council Regulation (EC) No. 44/2001 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters entered into force, thus replacing the European Convention of 27 September 1968 (the so-called Brussels Convention). However, the “re-enactment” of the Brussels Convention as a Community regulation is only the first move towards a pr

APA, Harvard, Vancouver, ISO, and other styles

19

Stewart, David P. "The Hague Conference Adopts a New Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters." American Journal of International Law 113, no. 4 (2019): 772–83. http://dx.doi.org/10.1017/ajil.2019.53.

Full text

APA, Harvard, Vancouver, ISO, and other styles

20

Kurochkina, E. M. "Legal Regime for the Enforcement of Foreign Court Judgments and Arbitral Awards in the Eurasian Economic Union." EURASIAN INTEGRATION: economics, law, politics 16, no. 1 (2022): 93–100. http://dx.doi.org/10.22394/2073-2929-2022-01-93-100.

Full text

Abstract:

In today’s world, there is intense competition between integration entities that are working to strengthen and expand their political and economic positions. This article examines the movement of the Eurasian Economic Union in this direction. Aim. To propose a way to ensure a common legal space in the Eurasian Economic Union.Tasks. To analyse the regulation in force in the Eurasian Economic Union on the execution of court judgments and arbitral awards, to identify problems that member states of the Eurasian Economic Union may encounter in the execution of court judgments and arbitral awards.Me

APA, Harvard, Vancouver, ISO, and other styles

21

Haines, Avril D. "Why is it so difficult to construct an international legal framework for e-commerce? The Draft Hague Convention on Jurisdiction and the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters: A Case Study." European Business Organization Law Review 3, no. 1 (2002): 157–94. http://dx.doi.org/10.1017/s1566752900000859.

Full text

APA, Harvard, Vancouver, ISO, and other styles

22

Krupko, Svetlana. "Development of the private international law of intellectual property: the experience of international unification." Meždunarodnoe pravosudie 13, no. 2 (2023): 92–114. https://doi.org/10.21128/2226-2059-2023-2-92-114.

Full text

Abstract:

In the conditions of internationalization and digitalization of the economy, business, society, and the State have steadily increasing needs for special legal regulation that takes into account the peculiarities of the interaction between the territoriality of intellectual rights and the freedom of movement of goods and services and that also reduces the risk of legal uncertainty and unpredictability arising from differences in national laws. One of the effective methods for meeting these needs is the international unification of private international law in the field of intellectual property.

APA, Harvard, Vancouver, ISO, and other styles

23

Pączek, Jarosław. "Arbitrators’ Conflicts of Interest in Dommo, Vidatel and Saad – Three Landmark Decisions of the (New) International Commercial Chamber of the Paris Court of Appeal." Przegląd Prawa Egzekucyjnego 2022, no. 1 (2022): 5–20. https://doi.org/10.62627/ppe.2022.001.

Full text

Abstract:

The issue of the duty of arbitrators to disclose circumstances relevant to their impartiality and independence has been widely discussed in literature and addressed by various courts worldwide, including in earlier issues of Law Enforcement Review. As it was discussed previously in the context of the NY Convention on the recognition and enforcement of international arbitral awards, enacted in 1958, failure by arbitrators to disclose potential conflicts of interest may constitute a basis for jurisdictional challenges. If such challenges are not successful, it could be taken later by a court as

APA, Harvard, Vancouver, ISO, and other styles

24

Tsvetkov, Andriy Mykhailovych. "Legal aspects of currency restrictions introduced by the National Bank of Ukraine for business under martial law." Alʹmanah prava, no. 15 (September 1, 2024): 472–80. https://doi.org/10.33663/2524-017x-2024-15-472-480.

Full text

Abstract:

The article examines the definition of such concepts as «currency», «currency transaction», «currency values» and «currency regulation» in the legislation of Ukraine and scientific works of domestic scientists. The introduced currency restrictions and prohibitions were analyzed in accordance with the Resolution of the NBU Board «On the operation of the banking system during the introduction of martial law» No. 18 of February 24, 2022. In addition, a number of resolutions of the NBU Board in 2023–2024 regarding softening and optimization of a number of currency restrictions in order to prevent

APA, Harvard, Vancouver, ISO, and other styles

25

Takahashi, Koji. "II. External Competence Implications of the Ec Regulation on Jurisdiction and Judgments." International and Comparative Law Quarterly 52, no. 2 (2003): 529–34. http://dx.doi.org/10.1093/iclq/52.2.529.

Full text

Abstract:

Council Regulation 44/2001 on jurisdiction and the recognition and enforcement of Judgments in Civil Commercial Matters1 replaced the 1968 Brussels Convention on 1 March 2002 for Member States of the European union Except Denmark.2 This has given the European Community exclusive competence in matters relating to jurisdiction and the recognition and enforcement of judgments. As a result individual Member States can no longer freely ratify conventions which, in relation to specific matters, govern jurisdiction or the recognition or enforcement of judgments.3 This is reflected in the deletion of

APA, Harvard, Vancouver, ISO, and other styles

26

Nielsen, Peter Arnt. "The Hague Judgments Convention." Nordic Journal of International Law 80, no. 1 (2011): 95–119. http://dx.doi.org/10.1163/157181011x547207.

Full text

Abstract:

AbstractThe Hague Judgments Convention of 2005 is the first global convention on international jurisdiction and recognition and enforcement of judgments in civil and commercial matters. The author explains the political and legal background of the Convention, its content and certain crucial issues during the negotiations of it. Finally, the author discusses the perspectives for international trade given that, in 2009, the USA and the European Union signed the Convention.

APA, Harvard, Vancouver, ISO, and other styles

27

Sukhorukov, Ivan. "The relationship between the Hague Judgement Convention, the Brussels Ibis Regulation and the agreement between Ukraine and the Republic of Lithuania on legal assistance." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 27 (2023): 60–66. http://dx.doi.org/10.25143/socr.27.2023.3.60-66.

Full text

Abstract:

"The aim of this article is to analyse the correlation between the Hague Convention on the Recognition and Enforcement of Foreign Judgements in Civil or Commercial Matters (hereinafter – Convention, Hague Judgement Convention), Regulation No. 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters (hereinafter – Brussels Ibis Regulation) and the Agreement between the Republic of Lithuania and Ukraine on legal assistance (hereinafter – Agreement). To achieve this goal, the first part of the article

APA, Harvard, Vancouver, ISO, and other styles

28

Cai, Wei, and Jonathan Kolieb. "Between National Interests and Global Business: China’s Possible Reservations to the Hague Convention on Choice of Court Agreements." Journal of International Dispute Settlement 11, no. 2 (2020): 295–318. http://dx.doi.org/10.1093/jnlids/idaa005.

Full text

Abstract:

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

APA, Harvard, Vancouver, ISO, and other styles

29

Baumé, Tristan. "Competence of the Community to Conclude the New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters: Opinion 1/03 of 7 February 2006." German Law Journal 7, no. 8 (2006): 705–16. http://dx.doi.org/10.1017/s2071832200005022.

Full text

Abstract:

On March 5, 2003, the Council of the European Union (hereafter the ‘Council’) submitted a request for an opinion to the European Court of Justice pursuant to Article 300 (6) EC. This request was intended to clarify whether the Community had an exclusive or shared competence to conclude a new convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters intended to replace the existing Lugano Convention (hereafter the ‘new Lugano Convention’ or the ‘envisaged agreement’).

APA, Harvard, Vancouver, ISO, and other styles

30

Rogerson, Pippa. "Plus ça Change? Article 5(1) of the Regulation on Jurisdiction and the Recognition and Enforcement of Judgments." Cambridge Yearbook of European Legal Studies 3 (2000): 383–406. http://dx.doi.org/10.5235/152888712802859187.

Full text

Abstract:

In October 2000 the Commission of the European Community presented an amended proposal of the Council’s new Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This Regulation proposes considerable changes to the Brussels Convention. Article 5(1) has been one of the most frequently used and often litigated provisions of the Brussels Convention. Academic criticism of it in England has occasionally been forceful. Article 5(1) has not escaped the reforming zeal of the Commission and it is interesting to reflect on the new Regulation.

APA, Harvard, Vancouver, ISO, and other styles

31

Rogerson, Pippa. "Plus ça Change? Article 5(1) of the Regulation on Jurisdiction and the Recognition and Enforcement of Judgments." Cambridge Yearbook of European Legal Studies 3 (2000): 383–406. http://dx.doi.org/10.1017/s1528887000003852.

Full text

Abstract:

In October 2000 the Commission of the European Community presented an amended proposal of the Council’s new Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This Regulation proposes considerable changes to the Brussels Convention. Article 5(1) has been one of the most frequently used and often litigated provisions of the Brussels Convention. Academic criticism of it in England has occasionally been forceful. Article 5(1) has not escaped the reforming zeal of the Commission and it is interesting to reflect on the new Regulation.

APA, Harvard, Vancouver, ISO, and other styles

32

Kostin, A. A. "ecognition and Enforcement of Foreign Judgments and Arbitration Awards under the Russian-Indian Treaty on Mutual Legal Assistance 2000." Rossijskoe Pravo Obrazovanie Praktika Nauka, no. 6 (April 28, 2025): 20–27. https://doi.org/10.34076/2410-2709-2024-144-6-20-27.

Full text

Abstract:

The paper analyzes the rules of the Russian-Indian Treaty on Mutual Legal Assistance and Legal Relations Concerning Civil and Commercial Matters 2000 (hereinafter – the Treaty) governing the recognition and (or) enforcement of foreign judgments. The author examines the content of the concept of judgment for the purposes of the Treaty application, including why the Treaty also covers the recognition of arbitral awards. The study further addresses the issues of transmittal of foreign judgments and arbitral awards by way of legal assistance for the purposes of their enforcement in the State of th

APA, Harvard, Vancouver, ISO, and other styles

33

Okoli, Chukwuma Samuel Adesina. "The recognition and enforcement of foreign judgments in civil and commercial matters in Asia." Journal of Private International Law 18, no. 3 (2022): 522–41. http://dx.doi.org/10.1080/17441048.2022.2115615.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

van, Loon. "Towards a global Hague Convention on the recognition and enforcement of judgments in civil or commercial matters." Zbornik radova Pravnog fakulteta Nis 58, no. 82 (2019): 15–36. http://dx.doi.org/10.5937/zrpfni1982015l.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Pavlova, Olesia Aleksandrovna. ""Judicial Convention": Issues of Jurisdiction." Международное право, no. 1 (January 2023): 70–82. http://dx.doi.org/10.25136/2644-5514.2023.1.39778.

Full text

Abstract:

Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Cases of July 2, 2019 (The 2019 Convention) offered us the option of universal regulation of recognition and authorization of execution of a foreign judgment. However, is he that good? The aim of the work is to identify the advantages and disadvantages of the new universal legal regulation in relation to the issue of jurisdiction. The author analyzes the approaches used in the national legislation of various states to consolidate the rules of international jurisdiction for the purposes of recognition of

APA, Harvard, Vancouver, ISO, and other styles

36

Gaponov, Marat Damirovich. "Consideration of the nature of the case in which a foreign court decision has been rendered, subject to recognition and enforcement in the Russian Federation." Право и политика, no. 2 (February 2022): 40–51. http://dx.doi.org/10.7256/2454-0706.2022.2.37452.

Full text

Abstract:

The subject of the study is the legal specifics of the recognition of decisions made by foreign justice institutions and their subsequent execution by the nature of the case. The presented aspects are an integral component of effective modern cross-border legal interaction, and also provide practical guarantees for the protection of the rights of its direct participants. In the context of a specific mechanism of legal regulation of the international turnover of variable judicial acts, the most significant point is the establishment of the object of the recognition in question and subsequent ex

APA, Harvard, Vancouver, ISO, and other styles

37

Kornezov, Alexander. "The Area of Freedom, Security and Justice in the Light of the EU Accession to the ECHR—Is the Break-up Inevitable?" Cambridge Yearbook of European Legal Studies 15 (2013): 227–54. http://dx.doi.org/10.5235/152888713809813486.

Full text

Abstract:

AbstractEven though the decision to accede to the European Convention on Human Rights and Fundamental Freedoms (ECHR) is a fait accompli, the terms under which the accession should take place are still very much open to debate. The present chapter focuses specifically on the possible tensions which may arise in the aftermath of the EU’s accession to the ECHR in four of the core elements of the EU area of freedom, security and justice (AFSJ): recognition and enforcement of judgments in civil and commercial matters, wrongful removal or retention of a child, the Common European Asylum System and

APA, Harvard, Vancouver, ISO, and other styles

38

Kornezov, Alexander. "The Area of Freedom, Security and Justice in the Light of the EU Accession to the ECHR—Is the Break-up Inevitable?" Cambridge Yearbook of European Legal Studies 15 (2013): 227–54. http://dx.doi.org/10.1017/s1528887000003062.

Full text

Abstract:

Abstract Even though the decision to accede to the European Convention on Human Rights and Fundamental Freedoms (ECHR) is a fait accompli, the terms under which the accession should take place are still very much open to debate. The present chapter focuses specifically on the possible tensions which may arise in the aftermath of the EU’s accession to the ECHR in four of the core elements of the EU area of freedom, security and justice (AFSJ): recognition and enforcement of judgments in civil and commercial matters, wrongful removal or retention of a child, the Common European Asylum System and

APA, Harvard, Vancouver, ISO, and other styles

39

Hamed, Alavi, and Khamichonak Tatsiana. "A Step Forward in the Harmonization of European Jurisdiction: Regulation Brussels I Recast." Baltic Journal of Law & Politics 8, no. 2 (2015): 159–81. http://dx.doi.org/10.1515/bjlp-2015-0023.

Full text

Abstract:

Abstract The Brussels regime is a legislative framework that regulates questions of transnational litigation in the European Union. Having been initially shaped upon negotiation of the 1968 Brussels Convention, it has been subsequently superseded and expanded in scope by the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, alongside other instruments addressing specific areas of law. Recently, the Brussels regime has been amended by the Recast Brussels I Regulation, which entered into force on January 15, 2015, bringing abo

APA, Harvard, Vancouver, ISO, and other styles

40

Ngoc Du, Bich. "Practical application of the reciprocity principle in the recognition and enforcement of foreign judgments in civil and commercial matters in Vietnam." Journal of Private International Law 19, no. 3 (2023): 506–29. http://dx.doi.org/10.1080/17441048.2023.2294912.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

Weitz, Karol. "Internationale Gerichtsstandsvereinbarungen und Positive Internationale Kompetenzkonflikte – Ein Beitrag zum Änderungsentwurf der Brüssel I-Verordnung." International Journal of Procedural Law 1, no. 2 (2011): 337–62. http://dx.doi.org/10.1163/30504856-00102007.

Full text

Abstract:

This article illustrates the relationship of agreements on the choice of jurisdiction and positive international conflicts of jurisdictions in the light of the Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Council Regulation No.44/2001, 22 December 2000) and the draft proposal for its amendment. In its famous Gasser judgment, the European Court of Justice decided that the rules on pending proceedings along with the priority principle override exclusive jurisdiction agreements entered into by the parties. This triggered discussions

APA, Harvard, Vancouver, ISO, and other styles

42

Çela, Ervis, Saimir Fekolli, and Endi Kalemaj. "Codification of European Private International Law!" Interdisciplinary Journal of Research and Development 11, no. 1 S1 (2024): 154. http://dx.doi.org/10.56345/ijrdv11n1s124.

Full text

Abstract:

The term "framework of European private international law" covers all EU instruments in force, dealing with the problem of jurisdiction, applicable law, recognition and enforcement of law, foreign judgments and authentic instruments. Private international law has traditionally been, and in part still is, a matter of national law. Each state has its own rules to deal with jurisdiction, applicable law, recognition and enforcement of foreign judgments. Europe has an interest in matters of private international law since the 1957 Treaty on the European Economic Community. The Treaty of Amsterdam 1

APA, Harvard, Vancouver, ISO, and other styles

43

Yengibaryan, R. V. "Legal cooperation between Russia and the USA: historical roots of modern problems." Journal of Law and Administration 15, no. 2 (2019): 3–11. http://dx.doi.org/10.24833/2073-8420-2019-2-51-3-11.

Full text

Abstract:

Introduction. Relations between Russia and the United States have nearly three centuries of history, and for more than two hundred years the countries had diplomatic relations which were interrupted for sixteen years from 1917 to 1933. Perhaps the XIX century was the most peaceful and fruitful for our countries when the interests of the Russian Empire and the United States on the world stage did not contradict each other, often coincided, thus excluding confrontation between the two nation-states. The XIX century for Russia and the United States was marked by the singing of a number of bilater

APA, Harvard, Vancouver, ISO, and other styles

44

Merchán Murillo, Antonio. "Exigencias formales para el reconocimiento y ejecución de sentencias conforme al convenio relativo a la asistencia judicial en el ámbito civil y mercantil firmado entre Argelia y España: notas al auto de la AP de Valencia, de 23 de abril de 2018 = Formal requirements for the recognition and enforcement of judgments in accordance with the convention on judicial assistance in civil and commercial matters signed between Algeria and Spain: notes to the judicial decree of the provicial court of Valencia, of 23 of april of 2018." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 1 (2019): 850. http://dx.doi.org/10.20318/cdt.2019.4659.

Full text

Abstract:

Resumen: En el presente estudio se pone de manifiesto las necesidades formales para el reconocimiento y ejecución de sentencia dictada por un Tribunal argelino. No obstante, desde la perspectiva de la cosa juzgada, debe ponerse de manifiesto en este asunto la incidencia de la decisión previa de divorcio.Palabras clave: auto; recurso de apelación; procedimiento de exequátur; Audiencia Provincial.Abstract: The present study shows the formal needs for the recognition and execution of a judgement issued by an Algerian court. However, from the perspective of the res judicata, the incidence of the p

APA, Harvard, Vancouver, ISO, and other styles

45

van der Weide, J. A. "BOOK REVIEWSBOOK REVIEWSvan der WeideJ. A.Lecturer in private international law, Faculty of Law, Free University, Amsterdam122001483367371RutgersJ.W., International Reservation of Title Clauses: A Study of Dutch, French and German Private International Law in the Light of European Law, T.M.C. Asser Press, The Hague 1999, XI + 233 pp., € 61.50/US$ 81/UK£ 47.25. ISBN 90-6704-116-5.Copyright © T.M.C. Asser Press 20012001T.M.C. Asser PresspdfS0165070X00001388a.pdfdispartBook Reviews1.See, e.g., VlietL.P.W. van, Transfer of Movables in German, French, English and Dutch Law (diss. Maastricht) (Nijmegen, Ars Aequi Libri 2000).2.1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, most recently amended by the 1996 Accession Convention. The Brussels Convention will be converted into the Council Regulation (EC) No. 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Official Journal ECL 12, 16 01 2001), which will come into force on 1 March 2002. This Council Regulation shall apply to all EC Member States except Denmark.3.Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 (Official Journal EC L 200, 8 08 2000). Art. 4 states: ‘1) Member States shall provide in conformity with the applicable national provisions designated by private international law that the seller retains title to goods until they are fully paid for if a retention of title clause has been expressly agreed between the buyer and the seller before the delivery of the goods. 2) Member States may adopt or retain provisions dealing with down payments already made by the debtor.’4.See, e.g., MünchKomm-Kreuzer, Internatonales sachenrecht (München, C.H. Beck 1998), Nach Art. 38 Anh. I, nrs. 66–67; Staudinger/Stoll, Internationales Sachenrecht (Berlin, Sellier de Gruyter 1996) nrs. 282–285 and 292–294; WeberR.H., ‘Parteiautonomie im internationalen Sachenrecht?" Netherlands International Law Review 48, no. 03 (2001): 367. http://dx.doi.org/10.1017/s0165070x00001388.

Full text

APA, Harvard, Vancouver, ISO, and other styles

46

"Hague Convention on Choice of Court Agreements." International Legal Materials 44, no. 6 (2005): 1294–303. http://dx.doi.org/10.1017/s0020782900006860.

Full text

Abstract:

The States Parties to the present Convention, Desiring to promote international trade and investment through enhanced judicial co-operation,Believing that such co-operation can be enhanced by uniform rules on jurisdiction and on recognition and enforcement of foreign judgments in civil or commercial matters,Believing that such enhanced co-operation requires in particular an international legal regime that provides certainty and ensures the effectiveness of exclusive choice of court agreements between parties to commercial transactions and that governs the recognition and enforcement of judgmen

APA, Harvard, Vancouver, ISO, and other styles

47

Bartsits, Valeria I. "The Trust Factor as the Main Obstacle to Recognition and Execution of Foreign Court Judgments." Jurist, April 20, 2023, 47–53. http://dx.doi.org/10.18572/1812-3929-2023-4-47-53.

Full text

Abstract:

September 1, 2023 is the date of entry into force of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (adopted on July 2, 2019 as part of the 22nd session of the Hague Conference on Private International Law). Russia signed the Convention on November 17, 2021. Despite the fact that in the current geopolitical situation one could hardly expect this Convention to be ratified in the short or medium term, the discussion on the preparation and conditions for ratification, the changes in legislation necessary for its use, the consequences for law

APA, Harvard, Vancouver, ISO, and other styles

48

"Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters." Netherlands International Law Review 67, no. 1 (2020): 169–81. http://dx.doi.org/10.1007/s40802-020-00154-7.

Full text

APA, Harvard, Vancouver, ISO, and other styles

49

Sun, Jin, and Qiong WU. "The Hague Judgments Convention and How We Negotiated It." Chinese Journal of International Law, December 18, 2020. http://dx.doi.org/10.1093/chinesejil/jmaa019.

Full text

Abstract:

Abstract In July 2019, the Hague Conference on Private International Law adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. As an outcome of the Judgments Project, this Convention will exert a great influence on the global circulation of foreign judgments. China attached great importance to the Judgments Project and participated in the full negotiation process. This paper is a reflection of some of the Chinese negotiators’ approaches in handling certain very difficult but important issues in the process, with the hope that it may shed

APA, Harvard, Vancouver, ISO, and other styles

50

Elbalti, Béligh. "Foreign Judgments Recognition and Enforcement in Civil and Commercial Matters in Japan." SSRN Electronic Journal, 2018. http://dx.doi.org/10.2139/ssrn.3323993.

Full text

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!