The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Tracker followed the work of the Hague Convention on Private International Law as it sought to reach an agreement for a convention to deal with the recognition and enforcement of judgments in civil and commercial matters (the Hague Judgments Convention). The 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters has now been signed and adopted and is open for signature.
The two main objectives of the convention identified by the Special Commission were:
to enhance practical access to justice, through the recognition and enforcement of judgments (which is relevant to the UN Sustainable Development Goals), and
to facilitate trade and investment, and contribute to economic growth, by enhancing legal certainty and reducing costs and uncertainties associated with cross-border dealings, and with the resolution of cross-border disputes
The table below shows the progress of the HCCH towards the adoption of the 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. It provides links to in-depth news reports on issues identified and/or to relevant reports/documents.
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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