While recognition and enforcement of foreign decisions is at the core of private international law, we are still far from reaching a satisfactory common threshold in this area. Among the reasons for existing hurdles, lack of trust in the legal and judicial systems of foreign countries is paramount. While the European system, premised on mutual trust, allows the requirements for recognition to be reduced to a minimum, trust is more difficult to build on a global scale. In this chapter we argue that, paradoxically, specific grounds for denial, explicitly tailored to address the issue of lack of trust (such as so-called ‘systemic lack of due process’), can help to open up the recognition systems, thus preventing the abuse of other existing hurdles, such as jurisdiction filters or reciprocity. Arguably, the success of the ongoing Hague Judgment Project also depends on the ability to effectively address the ‘trust issue’ through appropriate tools.
This chapter provides a commentary of Article 4 of Regulations 2016/1103 and 1104.
This chapter provides an introduction to the provisions that form Chapter II of Regulations 2016/1103 and 1104, concerning jurisdiction.