Grounds for refusing recognition and enforcement Grounds for refusing recognition and enforcementF1

United Kingdom

F1Recognition and enforcement of a decision may be refused if—

(a)

recognition and enforcement of the decision is manifestly incompatible with the public policy (“ordre public”) of the State addressed;

(b)

the decision was obtained by fraud in connection with a matter of procedure;

(c)

proceedings between the same parties and having the same purpose are pending before an authority of the State addressed and those proceedings were the first to be instituted;

(d)

the decision is incompatible with a decision rendered between the same parties and having the same purpose, either in the State addressed or in another State, provided that this latter decision fulfils the conditions necessary for its recognition and enforcement in the State addressed;

(e)

in a case where the respondent has neither appeared nor was represented in proceedings in the State of origin—

(i)

when the law of the State of origin provides for notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or

(ii)

when the law of the State of origin does not provide for notice of the proceedings, the respondent did not have proper notice of the decision and an opportunity to challenge or appeal it on fact and law; or

(f)

the decision was made in violation of Article 18.

Annotations

Textual amendments

F1: Sch. 3G inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 4 (with s. 3(1), Sch. 5 para. 8)
F1: Sch. 3G inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 4 (with s. 3(1), Sch. 5 para. 8)