Keywords
Summary

Keywords

Convention on Jurisdiction and the Enforcement of Judgments - Enforcement - Judgments `enforceable' in the State of origin - Meaning - Enforceability in formal terms - Proceedings for enforcement in the State in which enforcement is sought - Effect of a subsequent decision falling outside the scope of the Convention and granting immunity from enforcement in the State of origin - Appraisal by the court of the State in which enforcement is sought

(Convention of 27 September 1968, Art. 31, first para. and Art. 36)

Summary

$$The term `enforceable' in the first paragraph of Article 31 of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is to be interpreted as referring solely to the enforceability, in formal terms, of foreign decisions and not to the circumstances in which such decisions may be executed in the State of origin. It is for the court of the State in which enforcement is sought, in appeal proceedings against the order for enforcement of such a decision brought under Article 36 of the Convention, to determine, in accordance with its domestic law, including the rules of private international law, the legal effects in its territory of another decision given in the State of origin in relation to a court-supervised liquidation, a matter not falling within the scope of the Convention.