The Hague Judgments Convention and Commonwealth Model Law

Abstract

This book undertakes a systematic analysis, from a pragmatic perspective, of the 2019 Hague Judgments Convention, the 2017 Commonwealth Model Law on Recognition and Enforcement of Foreign Judgments, and the 2005 Hague Choice of Court Convention. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book’s comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also presents interesting findings from empirical research on the refusal of recognition and enforcement