University of Hong Kong
The Abolition of Exequatur in Cross-Border Enforcement: When EU Rules Encounter National Practices. The Example of the Brussels I-bis and the European Order for Payment
Dr. Elena Alina Ontanu
Erasmus School of Law, Rotterdam
The Origin, Nature and Interrelation Between the Notions “Recognition” and “Enforcement” of Foreign Judgments in the Civil Law Countries (historical analysis)
Alexander A. Kostin
Government of Russian Federation
Prof. Gerry Maher
University of Edinburgh
This paper will focus on the approach taken by the common law of the UK legal systems to the recognition and enforcement of external judgments. Two factors justify this particular focus. The first is the uncertainty in the post—Brexit era of the UK making any agreement with the EU which would apply a modified or bespoke version of the Brussels I bis Regulation on the enforcement of judgments. The second is the difficulty of predicting the success of the 2018 Draft Hague Conference Convention on the Recognition and Enforcement of Foreign Judgments, both in terms of consensus on a final draft of the Convention and the likely geographical scope of its ratification and accession.
The consequence is that in the UK common law procedures for recognition and enforcement will be increasingly resorted to for some time to come.