The following Dispute Resolution practice note produced in partnership with Cara North of Lipman Karas and Derek Bayley of Allen & Overy LLP provides comprehensive and up to date legal information covering:
This Practice Note considers the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention). The convention provides a framework for the enforcement of civil or commercial international judgments. This Practice Note sets out the background to the convention, its status and when it enters into force. It then explains the scope of the convention (Articles 1–3), as well as the mechanisms for recognition of judgments (Articles 4–7). It then considers interpretation and application, which includes procedure and costs (Articles 8–15) and finally the general clauses dealing with declarations, application of the convention where there are non-unified systems and the interaction of the convention with other international instruments.
applicant—a party applying for recognition or enforcement under the convention
Choice of Court Convention—HCCH Convention of 30 June 2005 on Choice of Court Agreements
Contracting States—a State which has consented to be bound by the convention, whether or not the convention has entered into force for that State
Hague Judgments Convention—HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. For the text of this convention, see the HCCH website: Explanatory Report on the 2019 HCCH Judgments Convention
court addressed—the court which is asked to recognise or enforce the judgment
court of origin—the court which
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
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