We are delighted to share with you the latest development on SIFoCC’s work on enforcement of judgments. SIFoCC’s 2nd International Working Group has produced a Commentary that accompanies the Multilateral Memorandum on Enforcement which sets out an understanding of the procedures for the enforcement of a money judgment by the courts of one jurisdiction obtained in the courts of another jurisdiction written by judiciaries from across the world. The Commentary describes common themes that arise from the contributions, identifying where there appear to be significant differences of approach, and indicating how far the contributions appear to show a tendency towards convergence.
Sir William Blair and Judge François Ancel, Co-Chairs of the International Working group said “The commentary produced by SIFoCC’s second international judicial working group shows that there are a number of common themes in the approach of national judiciaries to the enforcement of foreign money judgments. Bringing these contributions together in a way that has not been done before should help promote a fuller understanding of the role of the courts in determining international commercial disputes”.
It is important to note that the Memorandum does not purport to be of binding effect, but strives to describe, as simply and as transparently as possible, how judgments for money can be enforced in the jurisdictions of the contributing members. The SIFoCC International Working Group consisted of judges from different jurisdictions bringing to the commentary the perspectives of both civil and common law systems.