Keywords
Summary

Keywords

CONVENTION OF 27 SEPTEMBER 1968 - JUDGMENT OBTAINED IN A MEMBER STATE - ENFORCEMENT IN ANOTHER CONTRACTING STATE POSSIBLE BY VIRTUE OF ARTICLE 31 OF THE CONVENTION - APPLICATION CONCERNING THE SAME SUBJECT-MATTER AND BETWEEN THE SAME PARTIES BROUGHT BEFORE A COURT OF THAT STATE - PROHIBITION - COSTS OF PROCEDURE

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 31 )

Summary

THE PROVISIONS OF THE CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS OF 27 SEPTEMBER 1968 PREVENT A PARTY WHO HAS OBTAINED A JUDGMENT IN HIS FAVOUR IN A CONTRACTING STATE , BEING A JUDGMENT FOR WHICH AN ORDER FOR ENFORCEMENT UNDER ARTICLE 31 OF THE CONVENTION MAY ISSUE IN ANOTHER CONTRACTING STATE , FROM MAKING AN APPLICATION TO A COURT IN THAT OTHER STATE FOR A JUDGMENT AGAINST THE OTHER PARTY IN THE SAME TERMS AS THE JUDGMENT DELIVERED IN THE FIRST STATE . THE FACT THAT THERE MAY BE OCCASIONS ON WHICH , ACCORDING TO THE NATIONAL LAW APPLICABLE , THE PROCEDURE SET OUT IN ARTICLES 31 ET SEQ . OF THE CONVENTION MAY BE FOUND TO BE MORE EXPENSIVE THAN BRINGING FRESH PROCEEDINGS ON THE SUBSTANCE OF THE CASE DOES NOT INVALIDATE THESE CONSIDERATIONS .