6 - Recognition and Enforcement (Articles 8–15)  pp. 98-138

Recognition and Enforcement (Articles 8–15)

By Ronald A. Brand and Paul Herrup

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INTRODUCTION

Chapter III, “Recognition and Enforcement,” contains the third pillar on which the Convention rests: a judgment issued by a court of a Contracting State designated in an exclusive choice of court agreement within the meaning of the Convention shall be recognized and enforced in other Contracting States. Although there are qualifications and conditions placed on the operation of the general rule, the thrust of the Convention is heavily in favor of recognition and enforcement. Where jurisdiction of the court of origin is based on an exclusive choice of court agreement concluded as part of an international commercial transaction, in most cases the resulting judgment will be recognized or enforced under the Convention.

ARTICLE 8(1): A JUDGMENT SHALL BE RECOGNIZED AND ENFORCED

Article 8 Recognition and enforcement

  • A judgment given by a court of a Contracting State designated in an exclusive choice of court agreement shall be recognised and enforced in other Contracting States in accordance with this Chapter. Recognition or enforcement may be refused only on the grounds specified in this Convention.

Article 8(1) states that, if certain threshold conditions are satisfied, a judgment shall be recognized and enforced by the courts of a Contracting State in accordance with the provisions of Chapter III. “Shall” means that recognition and enforcement is not discretionary, but mandatory.

DEFINING “RECOGNITION” AND “ENFORCEMENT”

The Convention provides no definition of either “recognition” or “enforcement.”