Published on 20 February 2024 in Client Alerts
The Hague Judgments Convention establishes a uniform framework for the mutual recognition and enforcement of foreign judgments within its member States. Although many States contain domestic laws on the recognition and enforcement of foreign judgments, these rules are not uniform. As a result, businesses seeking to enforce the decisions of courts in foreign jurisdictions often face delays, high costs and uncertainty. The Convention applies to the recognition and enforcement of civil judgments from foreign jurisdictions but provides a host of exclusions including matters concerning family law, insolvency, defamation, and anti-trust issues. Recognition and enforcement of foreign judgments may be refused for reasons including improper notification of the claim, fraud, inconsistency with earlier judgments in the State of origin or the recognising State and issues of public policy. Additionally, enforcement may be postponed if parties have commenced appellate proceedings in the State of origin.
The Hague Judgments Convention has been welcomed by businesses in the UK, especially as judgments could no longer be mutually recognised between the UK and EU under the Brussels I Regulation and the Lugano Convention following Brexit. Although the UK has ratified the Hague Convention of 2005 on Choice of Court Agreements, this Convention only applies when parties have an exclusive consent-to-jurisdiction clause in their contracts.
Over the past year, Volterra Fietta was hired by clients in multiple new, complex and ground-breaking disputes before international and domestic courts and tribunals. For those new cases which involve a precise damages figure (for example, not counting boundary disputes at the International Court of Justice), the combined total claim value exceeds USD 40,000,000,000 (forty
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Volterra Fietta is pleased to announce the launch of “Volterra Fietta PIL commentaries” a new monthly commentary series by the partners of the firm, beginning Monday, 26 January. The series will present perspectives of seasoned public international law professionals with unique practical experience advising and representing clients. The partners will address selected concepts, principles, and
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These include: In addition, Volterra Fietta has once again been ranked Band A/Tier 1 for Public International Law by both Chambers & Partners and the Legal 500. Robert Volterra’s practice, including at Volterra Fietta, has maintained these top rankings for almost 30 years. Volterra Fietta has also been highly ranked for International Arbitration by both
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随着中国不断强调双边投资协定在保护其对外投资中的重要作用,并鼓励中国投资者运用国际法机制来保障自身权益,Volterra Fietta 受邀为这一重要倡议作出贡献。
In the past couple of decades China has become the world’s biggest overseas investor. Chinese State-Owned-Enterprises and private businesses have spent trillions of dollars in foreign investments. Inevitably, disputes arise between Chinese companies and foreign governments and business counterparties.
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