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.
On 2 December 2024, representatives and legal counsel of Barbados made oral submissions to the International Court of Justice (the “Court”) in the climate change advisory proceedings (the “Obligations of States in respect of Climate Change Case”).
Learn moreThe global awards Lexology Index (formerly Who’s Who Legal) recognised three of Volterra Fietta’s lawyers in its 2025 edition for Arbitration.
Learn moreBarbados completed the first ever debt swap for climate resilience. The transaction generates USD 125 million for Barbados in fiscal savings, which it will use “to enhance water resource management and increase water and food security”. Barbados is a small island developing State, which is facing the destructive effects of climate change. The climate crisis
Learn moreOn 21 November 2024, Volterra Fietta partner Ahmed Abdel-Hakam was appointed to the International Law Committee of the New York City Bar Association. Ahmed’s selection by the New York City Bar Association was made despite the fact that he is not a member of the Association or even qualified to practice in New York. It
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