Recognition Of Judgments Research Articles

Problems of Recognition of Foreign Judgments and res judicata in European Union

The article examines the problematic aspects of recognition and enforcement of foreign judgments in the European Union in relation to the application of the public policy clause. Analysis of the content of public order also constitutes part of the article. It focuses on the EU law instruments which provide unequal conditions for non-recognition of foreign judgments. The authors discuss if inclusion in the CJEU of the limits on the interpretation of the public order clause is a sufficient guarantee to ensure proper application of the public order clause. Moreover, the authors analyse the principle of res judicata according the EU law.

Procedure Before International Commercial and Ordinary Courts: A Comparative Perspective

International commercial courts have in common the claim to be different from the ordinary courts. This Chapter examines the differences in procedure between international commercial and ordinary courts by focusing on three distinctive features: namely, the cross-border character of the disputes they handle, the voluntary establishment of their jurisdiction, and their arbitration features. It starts by exploring the notion of an international dispute across various international commercial courts and identifies broad internationality criteria. Then, this Chapter turns to the voluntary jurisdiction of international commercial courts. It illustrates that in order to attract disputes, international commercial courts had to ease the establishment of their jurisdiction and loosen their jurisdictional requirements. Lastly, it is shown how the arbitration features of international commercial courts introduce private and confidential proceedings, infuse greater flexibility in court rules and enhance the recognition and enforcement of court judgements. In conclusion, this Chapter assesses the procedural differences between international commercial and ordinary courts and their potential to enhance the attractiveness of the former over the latter.

Proceeding on Cases with the Participation of Foreign Persons in International Procedure Law of Russia and Belarus (The end)

This article is dedicated to one of the most interesting aspects of International Procedural Law – litigation with the participation of foreign persons. Authors focused on a comparative analysis of Russian and Belarus legislation concerning the regulation of international procedural relations. Article includes two parts: the first one considers international jurisdiction of Russian arbitrazh courts and Belarus economic courts on commercial matters; the second one examines the recognition and enforcement of foreign judgments in commercial matters on the territory of Russia and Belarus. Authors deeply scrutinized a wide range of legal documents including domestic legislation, bilateral and multilateral international treaties of regional character in order to show the convergences and divergences in Russian and Belarus procedural law concerning participation of foreign persons in international commercial litigation

Differences Between the Recognition and Enforcement of Authentic Instruments and the Recognition and Enforcement of Judgments

The subject of the article is to analyse and compare the specificity of judgments and authentic instruments in terms of cross-border recognition and enforcement under the Brussels I Recast Regulation framework. Particular focus has been put on the practical aspects of the definition of an authentic instrument. Selected detailed issues arising against this background have been discussed with reference to the Polish legal order as well as the case-law of the Court of Justice of the European Union (CJEU). Based on the undertaken considerations, some proposals have been formulated regarding the enhancement of the free circulation of authentic instruments within the European Union.

Cross-Border Commercial Disputes: Jurisdiction, Recognition and Enforcement of Judgments After Brexit

Brexit raises a whole range of legal issues in multiple areas. The consequences on the EU framework for jurisdiction, recognition and enforcement of judgments are of particular interest for private parties involved in cross-border commercial agreements. This paper explores the legal basis for the jurisdiction of courts and the enforcement and recognition of judgments between the UK and EU-27 courts after Brexit. In addition, it broadly contrasts the main differences of the proposed solutions compared to the EU system. The paper argues that international conventions can provide answers to some of the questions as they set out rules for the jurisdiction, enforcement and recognition of judgments. However, there are factors that can have an impact on possible legal outcomes, such as the framework of the future deal between the UK and the EU-27, the moment of the commencement of proceedings by the parties in the transition period, or the fact that the parties did not opt for exclusive jurisdiction in their agreements. The Withdrawal Agreement provides for some clarity on which EU law provisions apply during the transition period. In addition, the EC Notices and the UK Brexit legislation provide for guidelines as to the rules applicable in and immediately after the transition period. Nevertheless, as the paper analyses, there is still a need for further clarification. Therefore, other methods of dispute resolution proposed in the article such as moving to arbitration instead of English court jurisdiction could provide legal certainty for private parties. Keywords: EU law, Brexit, art 50, withdrawal agreement, recognition and enforcement of judgements, EU civil justice and judicial cooperation, cross-border commercial disputes. This work is licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. Suggested citation: M Kulinska, ‘Cross-Border Commercial Disputes: Jurisdiction, Recognition and Enforcement of Judgments After Brexit’ (2020) 16 CYELP 279.

Recognition and enforcement of judgments in commercial matters rendered by courts of non-eu countries in the Czech Republic

The article deals with the conditions under which Czech courts recognise and enforce judgments rendered in commercial matters by courts outside of the EU. The relevant rules on recognition and enforcement are contained in both the Czech Act on Private International Law and in a number of international treaties binding for the Czech Republic. The authors analyse in detail the Czech national rules with particular emphasis on grounds for non-recognition and on the enforcement procedure, including relevant national case-law. As the Czech Republic is bound by a significant number of bilateral treaties on legal assistance that contain relevant provisions, the authors also bring a brief overview of the rules therein.

Konsekwencje brexitu w dziedzinie prawa prywatnego międzynarodowego

Brexit is a unique phenomenon as no Member State has ever expressed the will to leave the European Union. Never before had the in-depth impact of a Member State withdrawal been analysed. The issue has started to be analysed after the referendum in which the British voted in favour of leaving the European Union. The topic of the potential consequences of Brexit in the field of private international law concerns, inter alia, national jurisdiction in civil and commercial matters, mutual recognition and enforcement of judgments, specific procedures of EU uniform law, judicial cooperation between Member States or the functioning of the e-Justice Portal and dynamic forms. Before a given Member State withdraws from the EU, interested parties should have been informed, inter alia, of how pending proceedings will be conducted starting with the withdrawal day, what about proceedings initiated at the date of withdrawal or later on, and what about the rulings of the courts of the applicant state covered by the exequatur procedure before the withdrawal. Therefore, the primary purpose of the article is to determine the framework for the future relationship between the EU and the UK in the field of private international law. An additional aim of this paper is to better prepare natural and legal persons for the new post-Brexit reality. European integration has brought Europe peace and prosperity and enabled unprecedented cooperation in all areas of common interest. Following the withdrawal decision, the state and its citizens cease to benefit from the acquis communautaire. In fact, the United Kingdom left the European Union on 31 January 2020. As far as private international law is concerned, the United Kingdom has become a third country. Subsequently, on 1 February 2020 a transition period has started and it aims to provide more time for citizens and businesses to adapt. The negotiations on the future partnership between the EU and the UK has started in March 2020, but they were postponed due to the coronavirus COVID-19 pandemic. The relationship between the United Kingdom and the European Union is sometimes compared to love that has passed away, but former lovers must continue to meet from time to time to manage certain common affaires. The analysis of the topic leads to the conclusion that, in fact, Brexit is a unique phenomenon that has no added value.

Does the Slovak Republic Fulfil European Requirements on Recognition of Foreign Decisions on Custodial Sentences?

Summary Mutual recognition of judicial decisions in criminal matters permits decisions to move from one European State to another. It is a key element for the development of judicial co-operation in criminal matters in the European Union. Its implementation, including recognition of judgments on custodial sentences, was one of the main areas of European Union activity regarding criminal justice. The Slovak Republic has implemented European requirements. The question which begs consideration is whether Slovak national law fulfils such requirements and if they are applicable in Slovak legal practice. The assessment of national implementation of European requirements on recognition of judgments on custodial sentences and its applicability in Slovak legal practice is therefore needed. The paper analyses relevant literature, legislation, case-law and related official documents of the European Union. Moreover, it compares Slovak national law with European requirements. At the outset it briefly assets historical background of the mechanism. In principle, the system works, but there is the possibility for its enhancement..

Гаагская конвенция о судебных решениях 2019 г.: глобальное признание и исполнение судебных решений по гражданским и торговым делам (обзор Международной конференции, состоявшейся в Гонконге 9 сентября 2019 г.)

Гаагская конвенция о судебных решениях 2019 г.: глобальное признание и исполнение судебных решений по гражданским и торговым делам (обзор Международной конференции, состоявшейся в Гонконге 9 сентября 2019 г.)

Признание и приведение в исполнение иностранных судебных решений, принятых в связи с производством по делам о банкротстве, в свете Типового закона ЮНСИТРАЛ 2018 г.

Признание и приведение в исполнение иностранных судебных решений, принятых в связи с производством по делам о банкротстве, в свете Типового закона ЮНСИТРАЛ 2018 г.

A interpretação no direito internacional privado

O presente estudo tem por objeto a metodologia da interpretação jurídica em Direito Internacional Privado. O Direito Internacional Privado é aqui considerado como disciplina jurídica que abrange o Direito de Conflitos, o Direito da Competência Internacional e o Direito de Reconhecimento (de decisões estrangeiras). Para além de aspetos gerais, é abordada a especificidade da interpretação das normas internas (na ordem jurídica portuguesa) e das normas supraestaduais (internacionais e da União Europeia).Procura-se demonstrar que os problemas específicos colocados pela interpretação das proposições jurídicas de Direito Internacional Privado apresentam uma vasta identidade no Direito de Conflitos, no Direito da Competência Internacional e no Direito de Reconhecimento, que contribui para justificar a visão abrangente da disciplina jurídica em causa.

Time limits and default judgments in European cross-border civil litigation: minimum standards?

The article focuses on the impact of time limits on the free circulation of judgments rendered in absentia in civil and commercial matters within the EU. Starting from the Lebek judgment, I will examine the following issues: first, if an application for relief from the involuntary expiry of time limits may justify the denial of recognition and enforcement of judgments under the regime of the Brus­sels I bis Regulation; second, if the defendant applying for relief may choose between the time limit laid down in the service Regulation or that provided for in national law. Finally, I will address the question of the possible standardisation of the deadline for the first reaction on the part of the defendant.

Конвенція про визнання та виконання іноземних судових рішень у цивільних або комерційних справах: новий внесок Гаазької конференції з міжнародного приватного права в уніфікацію міжнародного цивільного процесу

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 enforcement of foreign judgments in civil and commercial cases.

Актуальность и проблемы присоединения Российской Федерации к Гаагской конвенции о признании и исполнении иностранных судебных решений от 2 июля 2019 года

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

Chronology of Practice: Chinese Practice in Private International Law in 2019

Abstract This survey contains materials reflecting the practice of Chinese private international law in 2019. First, this paper describes the judiciary’s caseload: Chinese courts decided some 17,000 foreign-related civil and commercial cases, 16,000 maritime cases and 9,648 requests for judicial assistance in 2019. Regarding changes in the statutory framework of private international law, four legislative acts, one set of Regulations and six Supreme People’s Court (SPC) Judicial Interpretations were adopted or amended in 2019 on investment contracts, action preservation in intellectual property, punitive damages, etc. Second, eight typical cases on jurisdictional issues are selected, including jurisdiction clauses, parallel proceedings, and res judicata. Third, seven new representative cases on choice of law relating, in particular, to international transport, force majeure, gambling debts and public order, are examined. Fourth, five cases on the recognition and enforcement of foreign judgments and one SPC Opinion in favour of presumed reciprocity are briefly examined. Finally, this paper also covers seven key cases which reflect the latest development in Chinese private international law on other procedural issues, such as service of process abroad and authentication, and three cases on international arbitration (including the first decision rendered by the China International Commercial Court).

The fragmentation of (mutual) trust in Commonwealth Africa – a foreign judgments perspective

Mutual trust plays an important role in facilitating the recognition and enforcement of foreign judgments. The 2019 Convention on the Recognition and Enforcement of Foreign Judgments also reflects some degree of mutual trust, although not explicitly. Commonwealth African countries seem to be influenced by mutual trust but have not yet adopted any coherent approach in the conflict of laws. This incoherence has impeded the recognition and enforcement of foreign judgments especially in Africa. This article seeks to understand the principle of mutual trust in its EU context and then compare it with the subtle application of mutual trust in the recognition and enforcement of foreign judgments in Commonwealth Africa. The article illustrates this subtle and rather unarticulated application of mutual trust primarily through decided cases and relevant statutory provisions in the Commonwealth African jurisdictions considered. The article then considers how the subtle application of mutual trust has sometimes resulted in parallel efforts to promote the recognition and enforcement of foreign judgments and how a proliferation of legal regimes can undermine legal clarity, certainty and predictability. A progressive application of mutual trust will help to ensure African countries maximise the benefits of a global framework on foreign judgments.

All that glisters is not gold? Deconstructing Rubin v Eurofinance SA and its impact on the recognition and enforcement of foreign insolvency judgments at common law

It was Lord Hoffmann who once spoke of a “golden thread” of modified universalism running throughout English Insolvency Law since the eighteenth century. However, after the UK Supreme Court’s decision in Rubin v Eurofinance SA, that golden thread seems to have lost its lustre. This paper critiques the main premise of the Rubin decision by questioning whether the Supreme Court was correct in holding that there can be no separate sui generis rule for recognising and enforcing foreign insolvency judgments. This article also explores the possible solutions, either through statute or the common law, that could be used to remedy the post-Rubin legal lacuna for recognising and enforcing foreign insolvency judgments.

Reflections on the scope of “EU res judicata” in the context of Regulation 1215/2012

It is now established in the case law of the Court of Justice of the European Union (CJEU) that the law pursuant to which the effects of a recognised judgment are determined is that of the Member State where the judgment was rendered. In Case C-456/11 (Gothaer), however, the CJEU deviated from this rule and developed an autonomous (EU) concept of res judicata. The potential for this concept to extend to other jurisdictional determinations by Member State courts has therefore created additional layers of complexity in the area of recognition of judgments. This article seeks to shed light on this topic by drawing conclusions from the Court's rationale in Gothaer and considering whether a more broadly applicable autonomous concept of res judicata can be consistent with the general system of Regulation 1215/2012 and the CJEU's previous case law.

La jurisdicción especial para la paz en Colombia: posibles conflictos internacionales de jurisdicción

This research discusses the issues of the Special Jurisdiction for Peace in Colombia regarding its international jurisdiction. Subject matter jurisdiction, personal jurisdiction, and applicable law to its proceedings will be discussed in order to identify the scenarios where the SJP could come across a forum conflict. Thus, the scope of jurisdiction of the International Criminal Court (ICC), the application of the complementary principle, amnesty recognition in foreign forums, universal jurisdiction, and extradition will be studied vis-à-vis the SJP. More importantly, this paper will help to understand the relation between the SJP and foreign forums regarding res judicata and judgment recognition. The principal objective of this paper is to identify in which scenarios the SJP would come across with an international conflict of jurisdiction. Methodologically, this research draws on both theoretical and analytical methods. It refers to both domestic and international law, and case-law to determine the applicable legal framework to the SJP. By the same token, it analyzes in which scenarios conflicts of jurisdiction issues would arise and how these issues could undermine SJP’s effectiveness. In short, this paper concludes that the SJP has overlapping jurisdiction with the ICC. Likewise,it draws upon the idea that foreign governments could instate parallel proceeding should they find that amnesty and pardon in Colombia are not grounds for dismissing criminal charges or civil liability lawsuits in their own jurisdiction.

Relationship between Tenacity, Athletic Performance and Cognitive Performance of Taekwondo Sparring Athletes

This study was conducted with the aim of providing basic data to help improve the performance of Taekwondo sparring athletes by examining the relationship between tenacity, athletic performance and cognitive performance of Taekwondo sparring athletes. To achieve this goal, a questionnaire was conducted for high school Taekwondo sparring athletes registered with the Korea Taekwondo Association. A total of 288 surveys were used for the final analysis, excluding unfaithful survey data such as double entries. The following conclusion was obtained by conducting correlation analysis and multiple regression analysis using the SPSS statistical program(24.0 Ver.). First, Taekwondo sparring athletes' desire to win, fighting spirit, and confidence showed positive correlation with competition performance success, psychological maturity, competition performance maturity, competition operation, and competition impact. Second, the fighting spirit and confidence of Taekwondo sparring athletes had a positive influence on competition performance success. Also, desire to win, fighting spirit, and confidence had a positive influence on psychological maturity and competition performance maturity. Third, the desire to win, fighting spirit and confidence of Taekwondo sparring athletes had a positive influence on the competition operation. Also, confidence has a positive influence on judgment recognition, while desire to win has a negative influence on judgment recognition. Desire to win and confidence had a positive impact on the competition impact. In conclusion, for Taekwondo sparring athletes, confidence had a positive influence on most athletic performance and cognitive performance except judgment recognition, and it was found that fighting spirit and confidence are important factors that have a positive influence on athletic performance and cognitive performance.