1. Recognition or enforcement of a judgment may be denied if and to the extent that the judgment inflicts damages, including exemplary or punishable damages, which do not compensate a party for the loss or injury suffered. 2. The court hearing takes into account the question of whether and to what extent the harm awarded by the original court is used to cover the costs and costs of the proceedings. 1. A contracting state may declare that its courts recognize and enforce the judgments of the courts of other contracting states that have been appointed in a court agreement between two or more parties, which meets the requirements of paragraph (c) of Article 3, and, for the purposes of resolving disputes that have arisen or may arise in relation to a particular legal relationship. , a court or court in one or more contracting states (a non-exclusive court decision). 2. If the recognition or execution of a decision in a contracting state that has made such a statement is requested in another contracting state that has made such a statement, the judgment under this convention is recognized and enforced when – the judgments of the elected court must be recognized in all states where the convention is applicable. A court in a contracting state other than the chosen court suspends proceedings that are the subject of an exclusive court decision, unless the Hague Convention on the Choice of Judicial Arrangements has so far only been ratified by Mexico and the European Union (with the exception of Denmark). It contains 34 articles, so one cannot assume the same degree of understanding as today around the New York Convention (which contains half as many articles). However, the Hague Convention on the Choice of Judicial Agreements was created by the Hague Conference on Private International Law – an organisation established in 1893 with 79 countries and the European Union as members in 2015 – and is therefore clearly an important instrument that should be integrated into strategic planning for international disputes. (a) a complete and certified copy of the judgment; (b) the exclusive choice of the court arrangement, a certified copy of the court, or any other proof of its existence; (c) where the judgment has been rendered late, the original or a certified copy of a document indicating that the procedure has been notified to the defaulting party or to an equivalent document; (d) all documents necessary to demonstrate the effectiveness of the judgment or, if necessary, the execution in the State of origin; (e) in the Article 12 case, a certificate from a state of origin jurisdiction attesting that the judicial regime or part of it is enforceable in the same way as a decision in the country of origin.


Related Posts