Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/1672
Title: THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW’S PROPOSED DRAFT TEXT ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS: SHOULD SOUTH AFRICA ENDORSE IT?
Authors: Khanderia, Saloni
Keywords: recognition
enforcement
foreign judgment
the draft Judgments Convention
South African private international law
Abstract: The Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments [the draft Judgments Convention] forms an integral part of the Hague Conference on Private International Law’s [the Hague Conference] ambitious Judgments Project. In particular, this instrument endeavours to foster predictability and certainty in international commercial relations by enabling litigants to accurately be informed in advance, the circumstances in which, the verdict of the court of one Contracting State shall be recognised or enforced in the territory of another signatory. The endorsement of the draft Judgments Convention could accordingly prove advantageous to countries like South Africa, whose private international law on the recognition and enforcement of foreign judgments seems to be archaic and confined to a narrow set of precepts. The author identifies the loopholes in the country’s policy and practice on the subject and demonstrates the manner in which, the draft Judgments Convention could plausibly address these lacunae.
URI: http://hdl.handle.net/10739/1672
Appears in Collections:JGU Research Publications

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