The HCCH 2019 Judgments Convention: Cornerstones, Prospects, Outlook

Series Editor’s Preface
Preface
Contents
PART I: CORNERSTONES
	1. Scope of Application: Challenges, Compromises and Chances
		I. Introduction: Regulating Cross-Border Enforcement
		II. Outline of the Convention and Non-Exclusive Character
		III. Substantive Scope: Challenges
		IV. Specific Excluded Matters: Compromises
		V. Territorial Scope and Delineation with Other Instruments
		VI. Concluding Remarks
	2. Judgments, Recognition, Enforcement
		I. Introduction
		II. Judgments
		III. Obligation to Recognise and Enforce
		IV. Procedural Aspects
		V. Conclusion
	3. The Jurisdictional Filters
		I. The Purpose of Jurisdictional Filters
		II. Layout and Operation of the Jurisdictional Filters
		III. Taxonomy
		IV. The Filters in Detail
		V. Concluding Remarks
	4. Grounds for Refusal
		I. Introduction
		II. Recognition and Enforcement of Foreign Judgments: The Overarching Principles
		III. The Grounds for Refusal of Recognition and Enforcement Established by the Convention
		IV. Refusal of Recognition and Enforcement or Refusal of Recognition or Enforcement?
		V. Conclusions
	5. Article 29 of the HCCH 2019 Judgments Convention: From a Mechanism on Treaty Relations to a Catalyst of a Global Judicial Union
		I. Introduction
		II. The System Established Pursuant to Article 29
		III. Framing Treaty Relations
		IV. Conclusions
		Annex
	6. The Hague System for Choice of Court Agreements: Relationship of the HCCH 2019 Judgments Convention to the HCCH 2005 Convention on Choice of Court Agreements
		I. Introduction
		II. Exclusive Choice of Court Agreements versus All Other Types of Choice of Court Agreements
		III. HCCH Regime for Recognition and Enforcement of Judgments in Relation to Choice of Court Agreements
		IV. HCCH Regime for Choice of Court Agreements: Duties on the Chosen Court
		V. HCCH Regime for Choice of Court Agreements: Duties on the Non-Chosen Court
		VI. Scope of the HCCH Regimes under the 2005 and 2019 Conventions
		VII. HCCH Regime for Choice of Court Agreements can be Altered by Declarations
		VIII. Concluding Remarks
PART II: PROSPECTS FOR THE WORLD
	7. European Union
		I. Introduction
		II. The HCCH 2019 Judgments Convention in the EU Legal System
		III. The Process for the EU's Accession to the Convention
		IV. Why the EU Joined the HCCH 2019 Judgments Convention
		V. Declarations under Article 18 of the Convention Considered by the EU
		VI. Outlook
	8. Perspectives from the United States and Canada
		I. Introduction
		II. Perspectives on Outgoing Judgments: The Impact of the Convention on the Recognition of US and Canadian Judgments Abroad
		III. Perspectives on Incoming Judgments: The Impact of the Convention on Recognition and Enforcement Practice in the United States and Canada
		IV. Part III: Ratification and Implementation Issues
		V. Conclusion
	9. Perspectives from the Arab World
		I. Introduction
		II. Domestic Enforcement Systems in MENA Arab Jurisdictions
		III. Complexity of the Existing Enforcement Schemes
		IV. Interrelation with the HCCH 2019 Judgments Convention
		V. External Challenges: The General Attitude of the MENA Arab Countries Towards the HCCH's Work
		VI. Concluding Remarks
	10. Perspectives from Southeast European and EU Candidate Countries
		I. Southeast European Countries: Overview
		II. The HCCH 2019 Judgments Convention and its Prospects in the SEE Region
		III. Concluding Remarks
	11. Gains and Opportunities for the MERCOSUR Region
		I. Introduction
		II. MERCOSUR Legal Landscape
		III. HCCH 2019 Judgments Convention: Gains and Opportunities for the MERCOSUR Region
		IV. Concluding Remarks
	12. Perspectives for ASEAN
		I. Introduction
		II. Overview of Foreign Judgments Rules in the ASEAN Member States
		III. Comparison of the ASEAN Foreign Judgment Rules with the Provisions of the HCCH 2019 Judgments Convention
		IV. Convention Rules Applied to Judgments from the ASEAN Member States
		V. Options for the ASEAN Member States and Influence of Non-Legal Factors
		VI. Conclusion
	13. Prospects for Africa
		I. Introduction
		II. Judgments Recognition Systems in Africa
		III. AfCFTA and the Need for a Multilateral Judgments Convention
		IV. The Prospects of the HCCH 2019 Judgments Convention for Africa
		V. Conclusion
	14. China
		I. Introduction
		II. Foreign Judgments in China and OBOR
		III. China and the HCCH 2019 Judgments Convention
		IV. HCCH 2019 Judgments Convention and China–US Tension
		V. Conclusion
PART III: OUTLOOK
	15. Lessons Learned from the Genesis of the HCCH 2019 Judgments Convention
		I. Introduction
		II. History of the HCCH 2019 Judgments Convention
		III. Evolving Dynamics: An Increasingly Interconnected World and Heightened Political Drive
		IV. Evaluating the Success through Gauging the Lessons Learned
		V. Are these Lessons Relevant for the Jurisdiction Project?
		VI. Conclusion
	16. International Commercial Arbitration and Judicial Cooperation in Civil Matters: Towards an Integrated Approach
		I. Introduction
		II. The Uneven State of International Legal Harmonisation on Dispute Settlement
		III. Practical Benefits of a Broader Palette of Dispute Settlement Methods
		IV. Possible Positive Impact on Domestic Court Practice
		V. Technical Complementarity between the HCCH 2019 Judgments Convention and the International Framework for Arbitration and Mediation
		VI. Conclusions
	17. General Synthesis and Future Perspectives
		I. General Synthesis
		II. Future Perspectives
Index