16: Convention of 1 February 1971 on the

Recognition and Enforcement of Foreign

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

The States signatory to the present Convention,

CHAPTER I - SCOPE OF THE CONVENTION

Article 1
This Convention shall apply to decisions rendered in civil or commercial matters
by the courts of Contracting States.
It shall not apply to decisions the main object of which is to determine -
(1) the status or capacity of persons or questions of family law, including personal
or financial rights and obligations between parents and children or between
spouses;
(2) the existence or constitution of legal persons or the powers of their officers;
(3) maintenance obligations, so far as not included in sub-paragraph (1) of this
Article;
(4) questions of succession;
(5) questions of bankruptcy, compositions or analogous proceedings, including
decisions which may result therefrom and which relate to the validity of the acts of
the debtor;
(6) questions of social security;
(7) questions relating to damage or injury in nuclear matters.
This Convention does not apply to decisions for the payment of any customs duty,
tax or penalty.
Article 2
This Convention shall apply to all decisions given by the courts of a Contracting
State, irrespective of the name given by that State to the proceedings which gave
rise to the decision or of the name given to the decision itself such as judgment,
order or writ of execution.
However, it shall apply neither to decisions which order provisional or protective
measures nor to decisions rendered by administrative tribunals.
Article 3
This Convention shall apply irrespective of the nationality of the parties.

CHAPTER II - CONDITIONS OF RECOGNITION AND ENFORCEMENT

Article 4
A decision rendered in one of the Contracting States shall be entitled to recognition
and enforcement in another Contracting State under the terms of this Convention -
(1) if the decision was given by a court considered to have jurisdiction within the
meaning of this Convention, and
(2) if it is no longer subject to ordinary forms of review in the State of origin.
In addition, to be enforceable in the State addressed, a decision must be
enforceable in the State of origin.
Article 5
Recognition or enforcement of a decision may nevertheless be refused in any of the
following cases -
(1) if recognition or enforcement of the decision is manifestly incompatible with
the public policy of the State addressed or if the decision resulted from proceedings
incompatible with the requirements of due process of law or if, in the
circumstances, either party had no adequate opportunity fairly to present his case;
(2) if the decision was obtained by fraud in the procedural sense;
(3) if proceedings between the same parties, based on the same facts and having
the same purpose -
a) are pending before a court of the State addressed and those proceedings were the
first to be instituted, or
b) have resulted in a decision by a court of the State addressed, or
c) have resulted in a decision by a court of another State which would be entitled to
recognition and enforcement under the law of the State addressed.
Article 6
Without prejudice to the provisions of Article 5, a decision rendered by default
shall neither be recognised nor enforced unless the defaulting party received notice
of the institution of the proceedings in accordance with the law of the State of
origin in sufficient time to enable him to defend the proceedings.
Article 7
Recognition or enforcement may not be refused for the sole reason that the court of
the State of origin has applied a law other than that which would have been
applicable according to the rules of private international law of the State addressed.
Nevertheless, recognition or enforcement may be refused if, to reach its decision,
the court of the State of origin had to decide a question relating either to the status
or the capacity of a party or to his rights in other matters excluded from this
Convention by sub-paragraphs (1)-(4) of the second paragraph of Article 1, and has
reached a result different from that which would have followed from the
application to that question of the rules of private international law of the State
addressed.
Article 8
Without prejudice to such review as is required by the terms of the preceding
Articles, there shall be no review of the merits of the decision rendered by the
court of origin.
Article 9
In questions relating to the jurisdiction of the court of the State of origin, the
authority addressed shall be bound by the findings of fact on which that court
based its jurisdiction, unless the decision was rendered by default.
Article 10
The court of the State of origin shall be considered to have jurisdiction for the
purposes of this Convention -
(1) if the defendant had, at the time when the proceedings were instituted, his
habitual residence in the State of origin, or, if the defendant is not a natural person,
its seat, its place of incorporation or its principal place of business in that State;
(2) if the defendant had, in the State of origin, at the time when the proceedings
were instituted, a commercial, industrial or other business establishment, or a
branch office, and was cited there in proceedings arising from business transacted
by such establishment or branch office;
(3) if the action had as its object the determination of an issue relating to
immovable property situated in the State of origin;
(4) in the case of injuries to the person or damage to tangible property, if the facts
which occasioned the damage occurred in the territory of the State of origin, and if
the author of the injury or damage was present in that territory at the time when
those facts occurred;
(5) if, by a written agreement or by an oral agreement confirmed in writing within
a reasonable time, the parties agreed to submit to the jurisdiction of the court of
origin disputes which have arisen or which may arise in respect of a specific legal
relationship, unless the law of the State addressed would not permit such an
agreement because of the subject-matter of the dispute;
(6) if the defendant has argued the merits without challenging the jurisdiction of
the court or making reservations thereon; nevertheless such jurisdiction shall not be
recognised if the defendant has argued the merits in order to resist the seisure of
property or to obtain its release, or if the recognition of this jurisdiction would be
contrary to the law of the State addressed because of the subject-matter of the
dispute;
(7) if the person against whom recognition or enforcement is sought was the
plaintiff in the proceedings in the court of origin and was unsuccessful in those
proceedings, unless the recognition of this jurisdiction would be contrary to the law
of the State addressed because of the subject-matter of the dispute.
Article 11
The court of the State of origin shall be considered to have jurisdiction for the
purposes of this Convention to try a counterclaim -
(1) if that court would have had jurisdiction to try the action as a principal claim
under sub-paragraphs (1)-(6) of Article 10, or
(2) if that court had jurisdiction under Article 10 to try the principal claim and if
the counterclaim arose out of the contract or out of the facts on which the principal
claim was based.
Article 12
The jurisdiction of the court of the State of origin need not be recognised by the
authority addressed in the following cases -
(1) if the law of the State addressed confers upon its courts exclusive jurisdiction,
either by reason of the subject-matter of the action or by virtue of an agreement
between the parties as to the determination of the claim which gave rise to the
foreign decision;
(2) if the law of the State addressed recognises a different exclusive jurisdiction
by reason of the subject-matter of the action, or if the authority addressed considers
itself bound to recognise such an exclusive jurisdiction by reason of an agreement
between the parties;
(3) if the authority addressed considers itself bound to recognise an agreement by
which exclusive jurisdiction is conferred upon arbitrators.

CHAPTER III - RECOGNITION AND ENFORCEMENT PROCEDURES

Article 13
The party seeking recognition or applying for enforcement shall furnish -
(1) a complete and authenticated copy of the decision;
(2) if the decision was rendered by default, the originals or certified true copies of
the documents required to establish that the summons was duly served on the
defaulting party;
(3) all documents required to establish that the decision fulfills the conditions of
sub-paragraph (2) of the first paragraph of Article 4, and, where appropriate, of the
second paragraph of Article 4;
(4) unless the authority addressed otherwise requires, translations of the
documents referred to above, certified as correct either by a diplomatic or consular
agent or by a sworn translator or by any other person so authorised in either State.
If the terms of the decision do not permit the authority addressed to verify whether
the conditions of this Convention have been complied with, that authority may
require the production of any other necessary documents.
No legalisation or other like formality may be required.
Article 14
The procedure for the recognition or enforcement of foreign judgments is governed
by the law of the State addressed so far as this Convention does not provide
otherwise.
If the decision contains provisions which can be dissociated, any one or more of
these may be separately recognised or enforced.
Article 15
Recognition or enforcement of an award of judicial costs or expenses may be
accorded by virtue of this Convention only if this Convention is applicable to the
decision on the merits.
This Convention shall apply to decisions relating to judicial costs or expenses even
if such decisions do not proceed from a court, provided that they derive from a
decision which may be recognised or enforced under this Convention and that the
decision relating to costs or expenses could have been subject to judicial review.
Article 16
A judgment for costs or expenses given in connection with the granting or refusal
of recognition or enforcement of a decision may be enforced under this Convention
only if the applicant in the proceedings for recognition or enforcement relied on
this Convention.
Article 17
No security, bond or deposit, however termed under the law of the State addressed,
shall be required by reason of the nationality or domicile of the applicant to
guarantee the payment of judicial costs or expenses if the applicant, being a natural
person, has his habitual residence in or, not being a natural person, has a place of
business in a State which has concluded with the State addressed a Supplementary
Agreement in accordance with Article 21.
Article 18
A party granted legal aid in the State of origin shall be extended such aid in
accordance with the law of the State addressed in any proceedings for the
recognition or for the enforcement of a foreign decision.
Article 19
Settlements made in court in the course of a pending proceeding which may be
enforced in the State of origin shall be enforceable in the State addressed under the
same conditions as decisions falling within this Convention, so far as those
conditions apply to settlements.

CHAPTER IV - CONCURRENT ACTIONS

Article 20
If two States have concluded a Supplementary Agreement pursuant to Article 21,
the judicial authorities of either State may dismiss an action brought before them or
may stay such an action when other proceedings between the same parties, based
on the same facts and having the same purpose, are pending in a court of another
State and these proceedings may result in a decision which the authorities of the
State in which the first mentioned action was brought would be bound to recognise
under the terms of this Convention.
The authorities of these States may nevertheless order provisional or protective
measures regardless of proceedings elsewhere.

CHAPTER V - SUPPLEMENTARY AGREEMENTS

Article 21
Decisions rendered in a Contracting State shall not be recognised or enforced in
another Contracting State in accordance with the provisions of the preceding
Articles unless the two States, being Parties to this Convention, have concluded a
Supplementary Agreement to this effect.
Article 22
This Convention shall not apply to decisions rendered before the entry into force of
the Supplementary Agreement provided for in Article 21 unless that Agreement
otherwise provides.
The Supplementary Agreement shall continue to be applicable to decisions in
respect of which recognition or enforcement proceedings have been instituted
before any denunciation of that Agreement takes effect.
Article 23
In the Supplementary Agreements referred to in Article 21 the Contracting States
may agree -
(1) to clarify the meaning of the expression "civil and commercial matters", to
determine the courts whose decisions shall be recognised and enforced under this
Convention, to define the expression "social security" and to define the expression
"habitual residence";
(2) to clarify the meaning of the term "law" in States with more than one legal
system;
(3) to include within the scope of this Convention questions relating to damage or
injury in nuclear matters;
(4) to apply this Convention to decisions ordering provisional or protective
measures;
(5) not to apply this Convention to decisions rendered in the course of criminal
proceedings;
(6) to specify the cases under which a decision is no longer subject to ordinary
forms of review;
(7) to recognise and enforce decisions upon which enforcement could be obtained
in the State of origin even if such decisions are still subject to ordinary forms of
review and in such a case to define the conditions under which a stay of
proceedings for recognition or enforcement is possible;
(8) not to apply Article 6 if the decision rendered by default was notified to the
defaulting party and the latter had the opportunity to lodge a timely appeal against
such a decision;
(8 bis) that the Authority addressed shall not be bound by the findings of fact on
which the court of the State of origin based its jurisdiction;
(9) to consider the courts of the State in which the defendant has his "domicile" as
having jurisdiction under Article 10:
(10) that the court of origin shall be considered as having jurisdiction under the
terms of this Convention in cases where its jurisdiction is admitted by another
Convention in force between the State of origin and the State addressed if that
other Convention contains no special rules relating to the recognition or
enforcement of foreign judgments;
(11) that the court of origin shall be considered as having jurisdiction under the
terms of this Convention either when its jurisdiction is admitted by the law of the
State addressed relating to the recognition or enforcement of foreign judgments, or
on grounds additional to those in Article 10;
(12) to define, for the purposes of the application of Article 12, the bases of
jurisdiction which are exclusive by reason of the subject-matter of the action;
(13) to exclude, in cases where jurisdiction is based on an agreement between the
parties, the application of sub-paragraph (1) of Article 12 as well as to exclude that
of sub-paragraph (3) of Article 12;
(14) to regulate the procedure for obtaining recognition or enforcement;
(15) to regulate the enforcement of judgments other than those which order the
payment of a sum of money;
(16) that the enforcement of a foreign judgment may be refused when a specified
period has elapsed from its date;
(17) to fix the rate of interest payable from the date of the judgment in the State of
origin;
(18) to adapt to the requirements of their legal systems the list of documents
required by Article 13, but with the sole object of enabling the authority addressed
to verify whether the conditions of this Convention have been fulfilled;
(19) to subject the documents referred to in Article 13 to legalisation or to a similar
formality;
(20) to depart from the provisions of Article 17 and to depart from the provisions
of Article 18;
(21) to make the provisions of the first paragraph of Article 20 obligatory;
(22) to include within the scope of this Convention "actes authentiques", including
documents upon which immediate enforcement can be obtained, and to specify
those documents.

CHAPTER VI - FINAL CLAUSES

Article 24
This Convention shall not affect other Conventions relating to the recognition and
enforcement of judgments to which the Contracting States are already Parties so
long as those States have not concluded a Supplementary Agreement under the
terms of Article 21.
Unless it is otherwise agreed, the provisions of a Supplementary Agreement
concluded under Article 21 shall prevail over the terms of any prior Conventions in
force between the Parties relating to the recognition and enforcement of judgments
to the extent that their terms are mutually inconsistent.
Article 25
Whether or not they have concluded a Supplementary Agreement under Article 21,
the Contracting States shall not conclude between themselves other Conventions
relating to the recognition and enforcement of judgments within the scope of this
Convention unless they consider it necessary, in particular, because of economic
ties or of particular aspects of their legal systems.
Article 26
Notwithstanding the provisions of Articles 24 and 25, this Convention and the
Supplementary Agreements made under Article 21 shall not prevail over
Conventions to which the Contracting States are or may become Parties in special
fields and which contain provisions for the recognition and enforcement of
judgments.
Article 27
This Convention shall be open for signature by the States represented at the Tenth
Session of the Hague Conference on Private International Law and Cyprus, Iceland
and Malta.
It shall be ratified and the instruments of ratification shall be deposited with the
Ministry of Foreign Affairs of the Netherlands.
Article 28
This Convention shall enter into force on the sixtieth day after the deposit of the
second instrument of ratification.
This Convention shall enter into force for each State which ratifies it subsequently
on the sixtieth day after the deposit of its instrument of ratification.
Article 29
Any State not falling within the provisions of the first paragraph of Article 27 may
accede to this Convention after it has entered into force in accordance with the first
paragraph of Article 28. The instrument of accession shall be deposited with the
Ministry of Foreign Affairs of the Netherlands.
This Convention shall enter into force for such a State in the absence of any
objection from a State which has ratified this Convention before such deposit,
notified to the Ministry of Foreign Affairs of the Netherlands within a period of six
months after the date on which the said Ministry has notified it of such accession.
In the absence of any such objection, this Convention shall enter into force for the
acceding State on the first day of the month following the expiration of the last of
the periods referred to in the preceding paragraph.
Article 30
Any State may, at the time of signature, ratification or accession, declare that this
Convention shall extend to all the territories for the international relations of which
it is responsible, or to one or more of them. Such a declaration shall take effect on
the date of entry into force of this Convention for the State concerned.
At any time thereafter, such extensions shall be notified to the Ministry of Foreign
Affairs of the Netherlands.
This Convention shall enter into force for the territories mentioned in such an
extension on the sixtieth day after the notification referred to in the preceding
paragraph.
The Parties to a Supplementary Agreement concluded under Article 21 shall
determine its territorial application.
Article 31
This Convention shall have a duration of five years from the date on which it
enters into force under the first paragraph of Article 28, even in its application to
States which have subsequently ratified or acceded to it.
In the absence of any denunciation, this Convention shall be renewed tacitly every
five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the
Netherlands at least six months before the end of the five year period.
Such denunciation may be limited to any one of the territories to which this
Convention applies.
Such denunciation shall affect only the notifying State. This Convention shall
remain in force for the other Contracting States.
Article 32
Each Supplementary Agreement concluded under Article 21 shall take effect from
the date specified in such Agreement; a certified copy and, if necessary, a
translation into French or English shall be communicated to the Ministry of
Foreign Affairs of the Netherlands.
Any Contracting State may, without denouncing this Convention, denounce a
Supplementary Agreement either under any provision for denunciation in such
Agreement or, if such Agreement contains no such provision, by giving six
months' notice to the other State. Any State denouncing a Supplementary
Agreement shall so inform the Ministry of Foreign Affairs of the Netherlands.
Notwithstanding the denunciation of this Convention, it shall nevertheless continue
to have effect between the denouncing State and any other State with which the
former has concluded a Supplementary Agreement under Article 21, unless such
Agreement provides otherwise.
Article 33
The Ministry of Foreign Affairs of the Netherlands shall give notice to the States
referred to in Article 27, and to the States which have acceded in accordance with
Article 29, of the following -
a) the signatures and ratifications referred to in Article 27;
b) the date on which the present Convention enters into force in accordance with
the first paragraph of Article 28;
c) the accessions referred to in Article 29 and the dates on which they take effect;
d) the extensions referred to in Article 30 and the dates on which they take effect;
e) a translation or a copy of the text in English or French of Supplementary
Agreements concluded under Article 21;
f) the denunciations referred to in the third paragraph of Article 31 and the second
paragraph of Article 32.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Convention.
Done at The Hague, on the first day of February, 1971, in the English and French
languages, both texts being equally authentic, in a single copy which shall be
deposited in the archives of the Government of the Netherlands, and of which a
certified copy shall be sent, through the diplomatic channel, to each of the States
represented at the Tenth Session of the Hague Conference on Private International
Law, and to Cyprus, Iceland and Malta.