Full Record

Introduction - past attempts at unification; types of foreign judgments considered - foreign money judgments or decrees Historical consideration of the bases, purposes and jurisprudence in respect of jurisdiction and enforcement of foreign judgments The LawAsia rules Types of judgment enforceable Natural persons and judicial persons Jurisdiction via appearance Contract agreement to submit to jurisdiction Jurisdiction via residence or domicile Jurisdiction via carrying on of a business Jurisdiction via possession - ownership of property Jurisdiction via transactional event within the forum Exorbitant or excessive jurisdictional rules - nationality; retaliatory provisions; presence of assets Special jurisdictional rules Jurisdiction of parties choice Conditions of recognition or enforcement - grounds for refusing to enforce a foreign judgment - general principles and problems; final and conclusive - res judicata; reciprocity Effects of a foreign judgment - prima facie v conclusiveness; non-merger rule Defences against recognition or enforcement of foreign judgments - conditions of recognition and enforcement as defences; fraud; public policy; natural and substantive justice - notice, service. due process; violation of international law; other defences Recognition and enforcement procedures Types of conventions in respect of recognition and enforcement of foreign judgments - conflict of conventions; EEC convention