Signalling the Enforceability of the Forum's Judgments Abroad
University of Luxembourg Law Working Paper No. 2020-011
16 Pages Posted: 5 May 2020 Last revised: 26 Jun 2020
Date Written: April 8, 2020
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.
Keywords: 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
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