Private Law Theory

ABSTRACT
The 2019 Hague Judgments Convention is the culmination of almost 50 years of work in this area by the Hague Conference on Private International Law (HCCH) and is heralded by some as the litigation equivalent to the New York Convention enabling harmonised recognition and enforcement of judgments throughout the globe. The aim of this essay is to compare the 2019 Hague Judgments Convention with the New York Convention and establish whether the former is a rival, alternative or something else altogether for the latter. In order to do so this essay will look at four main issues (i) the obligations imposed on states under the Judgments Convention and the New York Convention, (ii) the scope of the Judgments Convention and the New York Convention, (iii) grounds for refusal of recognition or enforcement under the Judgments Convention and the New York Convention, and (iv) Derogations available under the Judgments and New York Conventions.

Clover Alcolea, Lucas, The 2019 Hague Judgments Convention and the New York Convention: Rivals, Alternatives or Something Else? (April 24, 2020). McGill Journal of Dispute Resolution, Forthcoming.

First posted 2020-06-22 06:37:04