The assignment concentrates on the New HCCH Convention. Also, there is a description of Enforcement of Foreign Judgments. So, analyze the scope of application and the exclusion from the scope.
The New HCCH Convention – Enforcement of Foreign Judgments
Description. Firstly, In July 2019 a new HCCH Convention on the Recognition and Enforcement of Foreign Judgments. In Civil or Commercial Matters was adopted. Secondly, you need to critically analyze the scope of application and the exclusion from the scope. Thirdly, jurisdictional filters which are “indirect grounds of jurisdiction”. Criteria for determining whether a judgment entitled to recognition and enforcement. Grounds for refusal. Fourthly, all of these need to be comprehensively analysed. Fifthly, facilitating the free movement of judgments at a global level has for long on the agenda of The Hague Conference on Private International Law (HCCH).
The New HCCH Convention – Enforcement of Foreign Judgments
Also, the HCCH has been working on this topic from the 1990s. Firstly, the aim of this seminar is to examine the new 2019 HCCH Convention. Also, to reflect upon the advantages that wide ratification of this Convention could bring to international commerce. Further Readings: • M B Noodt Taquela and V Ruiz Abou-Nigm, “The Draft Judgments Convention and Its Relationship with other International Instruments”, Yearbook of Private International Law, Volume 19 (2017-2018) pp. 449-474. • A. Bonomi and C.M. Mariotini, ‘A game changer in international litigation? Roadmap to the 2019 Hague Judgments Convention’ Yearbook of Private International Law 2018 /2019, p. 537-567.
The New HCCH Convention – Enforcement of Foreign Judgments
• F. B. Pasquot Polido, ‘The Judgments Project of the Hague Conference on Private International Law: a way forward for a long-awaited solution’ in V. Ruiz Abou-Nigm and M.B. Noodt Taquela (eds.) Diversity and Integration in Private International Law (EUP) 2019. Critically analyse the merits and challenges of the new Convention, focusing on the following aspects: scope of application, jurisdictional filters, and grounds for refusal. In your analysis please assess what would the benefits of achieving, via extensive adoption of this Convention, systematic recognition and enforcement of foreign judgments at a global scale.
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