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Civil Jurisdiction and Judgments Act 1982, Cross Heading: Article 9 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Sch. 3F inserted (31.12.2020) by Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 3 (with s. 3(1), Sch. 5 para. 7)
Recognition or enforcement may be refused if—
(a)the agreement was null and void under the law of the State of the chosen court, unless the chosen court has determined that the agreement is valid;
(b)a party lacked the capacity to conclude the agreement under the law of the requested State;
(c)the document which instituted the proceedings or an equivalent document, including the essential elements of the claim,
(i)was not notified to the defendant in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant entered an appearance and presented his case without contesting notification in the court of origin, provided that the law of the State of origin permitted notification to be contested; or
(ii)was notified to the defendant in the requested State in a manner that is incompatible with fundamental principles of the requested State concerning service of documents;
(d)the judgment was obtained by fraud in connection with a matter of procedure;
(e)recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State;
(f)the judgment is inconsistent with a judgment given in the requested State in a dispute between the same parties; or
(g)the judgment is inconsistent with an earlier judgment given in another State between the same parties on the same cause of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.]
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