The Hague Conference on Private International Law’s Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments Should South Africa Endorse it?

• Published in: Journal of African law Vol. 63; no. 3; pp. 413 - 433
• Main Author: Khanderia, Saloni
• Format: Journal Article
• Language: English
• Published: Cambridge Cambridge University Press 01.10.2019
• Subjects: Acknowledgment; Ambition; Enforcement; Injunctions; International law; Judgments; Jurisdiction; State courts; South Africa; Netherlands; Hague Netherlands
• ISSN: 0021-8553; 1464-3731
• DOI: 10.1017/S002185531900024X

The Proposed Draft Text on the Recognition and Enforcement of Foreign Judgments forms an integral part of the ambitious Judgments Project of the Hague Conference on Private International Law. In particular, this instrument endeavours to foster predictability and certainty in international commercial relations by enabling litigants to be accurately informed in advance of the circumstances in which the decision of the court of one contracting state will be recognized or enforced in the territory of another. 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 archaic and confined to a narrow set of precepts. This article 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.