The Judgments Project: Fulfilling Asser’s Dream of Free-Flowing Judgments

The Elgar Companion to the Hague Conference on Private International Law (Edward Elgar) 2020

13 Pages Posted: 13 Jan 2022

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: 2020

Abstract

This Chapter focuses on the 2019 Judgments Convention and traces the history of the HCCH’s efforts to negotiate a convention on the recognition and enforcement of foreign civil and commercial judgments, commencing as early as the 1920s. After decades of effort, the 2000s witnessed successes in this sphere. The Chapter points out that the success of the second phase of the Judgments Project (from 2010 to the present) is arguably due to several factors, including, first, the 2005 Choice of Court Convention, a product of wide consensus after the first phase of the Judgments Project failed, which served as a valuable starting point and reference for many provisions of the 2019 Judgments Convention; second, the significant amount of research and experience that was already available when work on the instrument re-commenced; and third, the lessons learned from the previous attempts that ensured that more contentious issues, such as direct jurisdiction, were deferred. Achieving a broad consensus in the negotiations was therefore easier. The author concludes that if the HCCH decides to revisit the issue of direct jurisdiction, the previously encountered challenges may resurface.

Note: This book chapter was first published by Edward Elgar: 'The Judgments Project: Fulfilling Asser’s Dream of Free-Flowing Judgments’ in T John, R Gulati and B Koehler (eds), The Elgar Companion to the Hague Conference on Private International Law (2020) Edward Elgar 309-321.

Reproduced with permission of the Licensor through PLSclear.

Suggested Citation

Garnett, Richard, The Judgments Project: Fulfilling Asser’s Dream of Free-Flowing Judgments (2020). The Elgar Companion to the Hague Conference on Private International Law (Edward Elgar) 2020, Available at SSRN: https://ssrn.com/abstract=3971951

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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