05 Apr 2017
The Latest Development of Recognition and Enforcement of Foreign Judgments: From an International Perspective
In the midst of the current fast-growing economic globalisation, other than the omnipresence of cross-border movement of goods, capital, services, technology and information is a given, so are pertinent lawsuits. Whether a court judgment in civil and commercial matters in one country can be recognised and enforced in another country concerns cross-border realisation of equity and justice, and is being taken seriously in the international community.
The "Judgments Project" refers to the work undertaken by The Hague Conference on Private International Law (The Hague Conference) since 1992 on two key aspects of private international law in cross-border litigation in civil and commercial matters, i.e. the international jurisdiction of courts, and the recognition and enforcement of their judgments abroad.
In 2016, the Council on General Affairs and Policy (The Council) decided to set up a Special Commission to prepare a draft Convention. After two meetings of the Special Commission convened in June 2016 and in February 2017 respectively, a draft Convention was produced. While The Council welcomed the very good progress made towards the development of a draft Convention, the third meeting of the Special Commission was mandated to be held in November 2017.
China is a key participant of the Judgments Project and the Chinese delegation was led by Mr Sun Ang, the Deputy Director-General of the Department of Treaty and Law, Ministry of Foreign Affairs of the People’s Republic of China. Mr Ang was also elected as a Vice Chair of the Special Commission.
Other than illustrating the current work and progress of The Hague Conference on Recognition and Enforcement of Foreign Judgments, Mr Ang also talked about the lack of success of The Hague Convention of 1 February 1971 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters.
Over 110 attendees of diverse backgrounds – judges, arbitrators, government officials, consuls, practitioners, legal academics and in-house lawyers – have participated in this event, highly approving the speaker’s lending of a very fresh and board perspective to the subject.