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Grounds for Refusal
-
Articles 5 and 6
16.
Specific
grounds
for refusal, set out in Article
5 of the Model
include Agreement,
satisfaction
(full
payment) of the judgment debt, fraud and non-enforceability
in the original Law District. The registering court must
satisfied, in accordance with its own "conflicts"
also be
(private
international law) rules that the original court
Further guidance on this is
had the required jurisdiction.
given in Article 6. The registering court may also refuse
ΟΙ set aside a foreign judgment which is contrary to public
Further, a registered judgment will be set aside
defendant in the original proceedings had no,
policy.
if the
inadequate, notice of them.
Or
Recognition of Judgments - Article 9
17.
under the
Α foreign judgment
Agreement
#
judgment capable of being registered
(whether
registered or not) is to be
that
be
recognised in the court of the other Contracting Party's
Law District. With certain qualifications this means
the decision relating to the sum
will adjudged
conclusive between the parties and may be relied upon as
good defence or
counterclain
a
in an action brought by the
successful party in respect of the same cause of action.
Office of the British Senior Representative Sino-British Joint Liaison Group
November 1992
CN07
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