Recognition and Enforcement of Judgements and Arbitral Awards: Recent Trends and Developments
Recognition and Enforcement of Judgments and Arbitral Awards is a reference for dispute resolution lawyers with international clients as well as academics specialising in the field of international dispute resolution.
This publication illustrates some recent developments about recognition and enforcement of foreign judgements and arbitral awards from both a domestic and a cross-border perspective, with particular reference to the current trends concerning principles set forth on this subject in EU Regulations and international Conventions.
Authors from different jurisdictions discuss some critical issues concerning proceedings in the State of origin:
and obtaining the decision, such as: parties to be involved in order to obtain an enforceable decision, content and service of document instituting the proceedings, default of appearance, jurisdiction of the seized court or arbitral tribunal, definition of enforceable decisions and interim measures;
and enforcement proceedings in order to obtain the declaration of enforceability, such as: possibilities to contest the jurisdiction of the court or arbitral tribunal seized in the State of origin, possibilities to review the decision on the merits in the country where enforcement is sought and decisions that have been annulled in the State of origin, public policy and conflicting arbitral awards and judgements.
Such specific matters are dealt in a manner which should be of interest to the practitioners day-to-day activity, concentrating on updates and operational aspects.