Arbitration analysis: Cargill Financial Services International Inc (Plaintiff) won an arbitration award in London against Mr Barshchovskiy, a Ukrainian national (Defendant). The English Commercial Court issued a judgment confirming the award. Plaintiff then sought to have this English judgment recognized by a New York Court. Defendant resisted such recognition claiming the court did not have personal jurisdiction over him and the exercise of personal jurisdiction would violate the Due Process Clause of the United States Constitution. This argument was rejected by the court. Enforcement of foreign money judgments does require the establishment of personal jurisdiction over a judgment debtor (or their assets) but recognition of a foreign judgment is a ministerial act that, absent a few exceptions, does not require establishment of personal jurisdiction. Defendant’s assertions about inadequacies in the underlying arbitration should have been raised before the English Court and were therefore irrelevant when it came to deciding whether to recognize the English judgment. Written by Alex Wilbraham, solicitor England & Wales, Attorney California, independent arbitrator and member of Arbitra International.

Restructuring & Insolvency analysis: Various companies originally incorporated in the UAE transferred their seats from the UAE to the Abu Dhabi Global Market. They then went into administration. The joint administrators applied for this administration to be recognised as main proceedings in England and Wales, pursuant to the Cross Border Insolvency Regulations 2006, SI 2006/1030 (CBIR 2006). The judge granted the application. This judgment sets out the various requirements that need to be satisfied for the court to make this type of recognition order. Written by Nora Wannagat, barrister at 9 Stone Buildings.

Restructuring & Insolvency analysis: This article discusses a High Court decision which directed that the nature and scope of the powers of an Italian trustee in bankruptcy of two Italian bankrupts residing in England extended to assets located in England & Wales, but enforcement of such powers was subject to the law applicable in the jurisdiction where the assets were located. Written by Moema Rosa, solicitor, at Clarke Willmott LLP, and Stefan Ramel, barrister, at Guildhall Chambers.

This Practice Note provides an introduction to key aspects of the Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention). The 1970 Hague Convention regulates the recognition of divorces and legal separations in contracting states provided the divorce or legal separation was performed according to the correct legal process in the state where it was obtained. As a consequence of Brexit, post-IP completion day Brussels II bis no longer applies in the UK and the 1970 Hague Convention has an increased significance when considering the recognition of divorces and legal separations. The Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention) is intended to regulate the recognition of divorces and legal separations in a contracting state where the divorce or legal separation was performed in another contracting state according to the correct legal procedure in the state where it was obtained. As of 31 January 2020 (exit day), the UK ceased to be an EU

For probate purposes, the UK consists of three jurisdictions: • England and Wales • Scotland • Northern Ireland If the deceased dies domiciled in one of these jurisdictions with assets in another, only one grant is necessary. The grant will be taken out wherever the deceased died domiciled. If the grant contains a note of their domicile, it will be recognised in the other parts of the UK. Where the grant or confirmation was issued before the coming into operation of the Administration of Estates Act 1971 (AEA 1971) on 1 January 1972, a statement noting domicile may not appear in the grant. An application, in respect of English and Welsh grants, for a note of domicile to be appended to the grant should be made to the district probate registry where the grant was issued. Scottish confirmations A Scottish confirmation: • includes a copy of the inventory of the deceased's estate as sworn by the representatives • authorises the representatives to deal with any of the assets in the inventory On

This Practice Note considers the provisions in Regulation (EU) 1215/2012, Brussels I (recast) dealing with the recognition of judgments. It sets out the general provisions and then looks in some detail at the grounds on which recognition might be refused followed by how to make an application requesting that the court refuses to recognise the judgment. For guidance on enforcement of judgments, see Practice Note: Enforcement of judgments under Brussels I (recast). What is a judgment? For the definition of what constitutes a ‘judgment’ of an EU Member State for the purposes of recognition under Regulation (EU) 1215/2012, Brussels I (recast), see Practice Note: Enforcement of judgments under Brussels I (recast). Recognition of a judgment The usual position, set out in Article 36(1) of Regulation (EU) 1215/2012, Brussels I (recast), is that a judgment given in one EU Member State is recognised in another EU Member State without any special procedure being required. There is no need to bring an application for recognition of a judgment given in another EU Member State. Where

This Practice Note sets out the position as to the recognition of an overseas divorce in England and Wales both prior to and after IP completion day, see: Recognition prior to IP completion day and Recognition after IP completion day. 11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes took effect across the UK’s legal regime. See Practice Note: Family proceedings with EU connections—toolkit. Prior to IP completion day, Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II bis or Brussels IIA) applied as to both recognition in the UK and in EU Member States. Post IP completion day, the recognition of an English or Welsh divorce or dissolution in EU Member States is

This Practice Note sets out the requirements for the recognition in England and Wales of a foreign marriage or civil partnership, including as to issues of validity and polygamous marriages. In contrast to the recognition of overseas divorce or dissolution of civil partnership, the recognition of an overseas marriage or civil partnership was and is determined in England and Wales, both before and after 31 December 2020 (implementation period (IP) completion day), by domestic law, and is therefore largely unaffected by the UK’s withdrawal from the EU (Brexit). For practical guidance on the recognition of overseas divorce or dissolution, see Practice Notes: Recognition of overseas divorce or dissolution of civil partnership and Recognition of divorce and legal separation under the 1970 Hague Convention. For guidance on the implications of Brexit, see Practice Note: Family proceedings with EU connections—toolkit. The law in relation to overseas marriages, civil partnerships (or their overseas equivalent) and related foreign orders is far from straightforward. Three main issues arise: • whether the marriage, civil partnership or equivalent is recognised in England

ARCHIVED: This Practice Note gives an overview of the systems in place for the recognition of UK qualifications in the EU, Switzerland, Norway, Iceland and Liechtenstein, and the recognition in the UK of professional qualifications that have been obtained in other jurisdictions. Legal context UK professionals providing services abroad (and professionals who qualified overseas providing services in the UK) will need to ensure that they are permitted to practise in the relevant jurisdiction, even if they are providing temporary or occasional professional services. The recognition of professional qualifications is a system that allows professionals qualified in one country to practise in another, with limited administrative requirements and without having to re-qualify. This is particularly relevant for regulated professions, such as medics, architects, lawyers or statutory auditors who seek to establish in, or export their services to, another country. To check which professions are regulated in the UK, and find contact details for regulators, see the GOV.UK website here. It is important to note, however, that recognition of professional qualifications is a separate issue from the right

This Practice Note deals with recognition, enforcement and co-operation under the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (the 1996 Hague Convention), which came into force in the UK on 1 November 2012. The Hague Conference on Private International Law (HCCH) has published a Practical Handbook on the Operation of the 1996 Child Protection Convention and an Explanatory Report on the 1996 Hague Convention (the Lagarde Report). As of 31 January 2020 (exit day), the UK ceased to be an EU Member State, no longer participating in the political institutions and governance structures of the EU. However, in accordance with the transitional arrangements provided for in Part 4 of the Withdrawal Agreement, exit day marked the commencement of an 11-month implementation period (from 11 pm on exit day until 11 pm on 31 December 2020 (implementation period (IP) completion day) during which the UK and EU agreed that the UK be treated as a Member

Formal undertaking to pay the crown a specified sum if an accused fails to surrender to custody.

Article 288 TFEU on legal acts, allows EU institutions to adopt recommendations. Recommendations are non-binding instruments which do not have any legal force but are merely persuasive. They simply allow the EU institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom they are addressed. However, the Court of Justice has been known to invoke Recommendations to interpret EU law.