jurisdiction and the recognition and enforcement of foreign judgments
As discussed, 'the enforcement of foreign judgments
was, and remains, presumptively and primarily under the control of the states.
Markus Koehnen & Amanda Klein, The Recognition and Enforcement of Foreign Judgments
in Canada 2 (2010).
Whytock & Cassandra Burke Robertson, Forum Non Conveniens and the Enforcement of Foreign Judgments
, 111 COLUM.
167-178 on the recognition and enforcement of foreign judgments
are applied properly to foreign arbitration awards.
PROPOSED FUTURE APPROACH TO JURISDICTIONAL REOUIREMENTS IN THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
UNDER THE HCCCA
Although the grounds to refuse the recognition and enforcement of foreign judgments
are very similar to those regarding arbitral awards, recognition procedures widely differ.
From the perspective of the general approach to recognition and enforcement of foreign judgments
, most recently addressed by the Court in Beals, (60) the aspect of Lebel J.
The Hague Convention evolved from the earlier Hague Convention of 1 February 1971 on the Recognition and Enforcement of Foreign judgments
in Civil and Commercial Matters ('1971 Hague Convention') which unfortunately never came to fruition due to the lack of ratifications.
Hilton's comity-based rules for recognition and enforcement of foreign judgments
survive today, though most states reject its reciprocity requirement.
As experience has shown, an international convention on recognition and enforcement of foreign judgments
is rather difficult to achieve.
8) Jurisdiction to prescribe and jurisdiction to enforce, along with jurisdictional immunities and the act of state doctrine, had been dealt with in the earlier Restatement, but the new Restatement Third not only added specific topics such as jurisdiction to adjudicate, enforcement of foreign judgments
and arbitral awards, and international judicial assistance, but also perceived the topics as connected and provided links to their interrelationships.