INTRODUCTION

In this chapter, I address three major questions relating to the recognition and enforcement of foreign titles in common law jurisdictions:

• 1. Public policy as a ground for the refusal of recognition and enforcement of foreign titles (both judgments and arbitral awards);

• 2. Jurisdiction in actions to recognize and enforce foreign titles; and

• 3. Enforcement: searching and seizing foreign assets.

In addressing the public policy question, I pay attention first to the global framework for each, and then move to regionalism and national law through discussion of the law in each of the national reports prepared for use in compiling this general report. In addressing enforcement jurisdiction and searching and seizing foreign assets, the focus is on the law of the states represented in the national reports, as there is no real global framework for these issues. For common law states, the process of regionalism has only had a limited impact on the matters being considered. Parts of this chapter provide a broad overview, while others focus on a more limited set of countries given the information available.

I am indebted to the authors of the following national reports on which this chapter is based:

• – Australia, Richard Garnett

• – Canada, H. Scott Fairley and Ruzbeh Hosseni

• – England and Wales, Wendy Kennett

• – Ireland, M Ni Shúlleabháin

• – Israel, Ehud Brosh

• – Singapore, Tiong Min Yeo

• – United States, Ronald A. Brand

2. THE FUNCTION OF PUBLIC POLICY AS A GROUND FOR THE REFUSAL OF RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

As a matter of law, public policy is perhaps the most common ground found for the denial of recognition and enforcement of foreign judgments. It is contained in every global instrument and in every national law surveyed for this chapter. Nonetheless, as a matter of practice, it seldom results in the actual denial of recognition or enforcement.

THE GLOBAL PERSPECTIVE

The Hague Conference on Private International Law has produced three multilateral conventions in the last 50 years that deal with the recognition and enforcement of foreign judgments. The first of these is the Hague Convention of February 1, 1971 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters.