NOTES ON CLAUSES
CLAUSE 7
1 This Clause extends the powers of Clause 6 by enabling the UK to enter
into bilateral agreements for the reciprocal enforcement of judgements with
other countries operating Clause 6-style legislation. During the passage of
the Bill HMG were approached by several other countries who were considering
legislative action to protect their own trading interests. The suggestion
was made that should some of these other countries introduce provisions along
the lines of Clause 6, it might be desirable to be in a position to enter into
a bilateral agreement for the reciprocal enforcement of judgments under such
provisions. The purpose of this new Clause is to enable us to give effect to
such bilateral agreements should they ever become both feasible and desirable.
2
Reciprocal arrangements for enforcement of Clause C-style judgments could
of course be made under a general convention under the 1933 Act, For several
reasons it was considered more appropriate to have a power of sharper focus.
First, a general convention may not be desirable or negotiable with a country
with whom we would be able to have arrangements for recognition and enforcement
limited to recovery back judgments. Secondly, a general convention takes many
years to negotiate and we might need to take quick action in this field.
3 In general, the basis of jurisdition likely to be taken in recovery back
actions is not one we would normally recognise and therefore it is better isolated
from the general law. It is hoped that the growth of international cooperation
and understanding in the field of jurisdiction may eventually put us in a position.
to repeal this provision.
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