The Value and Possibility of the World-wide Judgments Convention
朱凯
【全文】
1.Introduction
With the developments of the international transportation and communication, international commerce has been developed to a great extent. However, the increasing of the multinational disputes is following the development of the international commerce. To solve the disputes in this field, besides the mean of international arbitration, people, especially in the civil aspect, still need to turn to litigation to protect their interests. The main problem arises because in many international civil and commercial cases, the properties of the parties in the disputes are not in the same country where the award or the judgment was made. The realization of the interests in the judgment or award depends on whether or not the award or the judgment will be recognized by the court of recognition and then be enforced. This raises the problem of recognition and enforcement of a foreign arbitration award and judgment. Form this, obviously, the recognition and enforcement of foreign judgment in civil and commercial matters is the last procedure of the litigation and is the most important phase. If the judgment of the origin state cannot be recognised and enforced, the whole procedure of the litigation will lose its actual meaning. Therefore, a world-wide judgment is significant not only to protect the interest of the plaintiff but also to promote the development of the economy and this has been given the most attention by those working in the field of private international law.
In October 1999, the Permanent Bureau of the Hague Conference submitted a “Preliminary Draft Convention on Jurisdiction and Foreign Judgment in Civil and Commercial Matters” to the member states and started the negotiation about a convention on recognition and enforcement of a foreign judgment in civil and commercial matters. The main topic for discussion was around the rules of jurisdiction. This essay will be based on the draft of the above and raise some issues in approaching the convention, evaluate if the convention is worthwhile and analyse the possibility of approaching such a convention in the Hague Conference.
