Reference : Signalling the enforceability of the forum's judgments abroad
Scientific journals : Article
Law, criminology & political science : European & international law
Law / European Law
Signalling the enforceability of the forum's judgments abroad
Cuniberti, Gilles mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Rivista di diritto internazionale privato e processuale
[en] Foreign Judgments, International Commercial Courts, Memorandum of Guidance, Singapore, Dubai, UK, Hague Convention on Choice of Court Agreement, New York Convention on Foreign Arbitral Awards, Concept of Arbitration, Legal Opinion
[en] The aim of this Article is to document and assess the efforts made by international commercial courts to signal the enforce-ability of their judgments abroad. To that effect, three strategies were developed. The first and most obvious one was to enter into agreements providing for the mutual enforcement of judgments of contracting states which could serve the same function as the 1958 New York Convention for arbitral awards. Yet, as the 2005 Hague Convention has a limited scope and the 2019 Hague Convention is not yet in force, alternative strategies were identified. Several international commercial courts are actively pursuing the conclusion of non binding documents with other courts or even law firms suggesting that the judgments of the forum would be enforced by the courts of other states. Finally, one international court has also explored how it could convert its judgments into arbitral awards.

File(s) associated to this reference

Fulltext file(s):

Open access
Article Cuniberti Signalling Enforceability of Judgments Abroad.pdfAuthor preprint337.5 kBView/Open

Bookmark and Share SFX Query

All documents in ORBilu are protected by a user license.