Global Jurisdiction of Local Courts and Recognition of Their Judgments Abroad

Festschrift für Ulrich Magnus zum 70. Geburtstag, 515-529, Peter Mankowski, and Wolfgang Wurmnest, eds., Sellier European Law Publishers, 2014

Max Planck Private Law Research Paper No. 15/23

17 Pages Posted: 12 Nov 2015 Last revised: 18 Nov 2015

See all articles by Kurt Siehr

Kurt Siehr

Max Planck Institute for Comparative and International Private Law

Abstract

This article examines the impact of globalization on jurisdiction generally and from the perspective of Israeli law in particular. Israel has expanded the jurisdiction of its courts on the basis that, with modern forms of communication technology, it is nowadays theoretically possible for any defendant to defend any case brought against him in any place. It is, however, doubtful whether foreign courts will accept this attitude and recognize and enforce Israeli judgments made based on this global, “transient” jurisdiction. The article examines the Masika v. Dolens case, decided by the Israeli Supreme Court in 2006. Professor Dolens was a Slovenian brain surgeon who was served on a visit to Israel for alleged malpractice in Slovenia respect of a patient resident in Israel. The Israeli courts assumed jurisdiction and awarded the patient $2.5 million. None of the Brussels I Regulation, Slovenian law, the German-Israeli Convention of 1977, the German Code of Civil Procedure (BGB), Italian law, Swiss law, and UK law under the under the UK-Israel Recognition Convention of 1970/71 recognize judgments obtained on the basis of such transient jurisdiction. It seems that New York law, however, will recognize such judgments and, although there may be scope in the English common law for the recognition of such judgments, those authorities are old and may not be applied. The article stresses the importance of lawyers giving their clients objective advice as to the enforceability abroad of any judgment obtained at home, and especially for any judgments obtained based on transient jurisdiction.

Note: This contribution, appearing in the Festschrift released in honour of Ulrich Magnus's 70th birthday, is published in the Max Planck Private Law Research Paper Series with the permission of the rights owner, Sellier European Law Publishers.

Keywords: Comparative private international law, globalization, Israeli private international law, Masika v Dolens, personal service and jurisdiction, practical considerations when enforcing judgments, recognition and enforcement of foreign judgments

Suggested Citation

Siehr, Kurt, Global Jurisdiction of Local Courts and Recognition of Their Judgments Abroad. Festschrift für Ulrich Magnus zum 70. Geburtstag, 515-529, Peter Mankowski, and Wolfgang Wurmnest, eds., Sellier European Law Publishers, 2014, Max Planck Private Law Research Paper No. 15/23, Available at SSRN: https://ssrn.com/abstract=2678931

Kurt Siehr (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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