Convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland providing for the Reciprocal Recognition and Enforcement of Judgments in Civil Matters:Article III

Convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland providing for the Reciprocal Recognition and Enforcement of Judgments in Civil Matters

Article III

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

1.

For the purposes of this Convention, the effect of the recognition of a judgment shall be that it shall be treated as conclusive between the parties thereto in all proceedings founded on the same cause of action and it may be relied on by way of defence or counterclaim in any such proceedings.

2.

Subject to the provisions of paragraphs (3) to (5) of this Article judgments given in the territory of one High Contracting Party shall be recognized in the territory of the other except where the court applied to is satisfied of the existence of any of the following objections to the judgment:

(a)

in the case in question, the jurisdiction of the original court is not recognized under the provisions of Article IV;

(b)

the judgment debtor, being the defendant in the proceedings in the original court, did not (notwithstanding that process may have been duly served on him in accordance with the law of the country of the original court) receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear;

(c)

the judgment was obtained by fraud;

(d)

the recognition of the judgment would be contrary to public policy in the country of the court applied to;

(e)

the judgment debtor, being a defendant in the original proceedings, was a person who, under the rules of public international law, was entitled to immunity from the jurisdiction of the courts of the country of the original court and did not submit to the jurisdiction of that court;

(f)

the judgment is sought to be enforced against a person who, under the rules of public international law, is entitled to immunity from the jurisdiction of the court applied to.

3.

Where the judgment debtor satisfies the court applied to that an appeal is pending, or that he is entitled and intends to appeal against the judgment in the country of the original court, the court applied to may recognize the judgment or may, if the judgment debtor makes an application to this effect, either refuse to recognize the judgment or adjourn its decision on the recognition of the judgment so as to allow the judgment debtor a reasonable opportunity of completing or of instituting such appeal.

4.

Where the court applied to is satisfied that the matter in dispute in the proceedings in the original court had, previously to the date of the judgment in the original court, been the subject of a judgment by a court having jurisdiction in the matter, the court applied to may refuse to recognize the judgment of the original court.

5.

Recognition shall not be refused merely on the ground that the original court has applied, in the choice of the system of law applicable to the case, rules of private international law different from those observed by the court applied to.

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