CONFLICT OF LAWS IN BUSINESS & COMMERCE - Essay Example

This report will first provide a brief explanation of basic issues that arise in reference to the enforcement of foreign judgments in England and then apply them in the context of the four different instances where damages have been levied on Pulman Technics by foreign courts. A dispute over a foreign judgment may involve one of three elements (a) whether the Court which issued the judgment has the necessary jurisdiction (b) choice of law applicable in those judgments and (c) recognition and enforcement of judgments (Clarkson and Hill, 2007:131).

Foreign judgments are recognized and given effect to by courts in other countries, because the recognition of foreign judgments is one of the essential elements of private international law on the basis of res judicata provisions. Through the application of the full faith and credit doctrine, courts do recognize the judgments delivered by other courts functioning within a competent jurisdiction. The Theory of obligation rests on the premise that if the original court’s assumption of jurisdiction was in order, then it should prima facie be recognizable in England.

(Clarkson and Hill, 2007: 133) In the case of judgments that have been passed within countries that are a part of the Brussels Convention, such judgments would be enforceable in England, provided they are not repugnant to the principles of morality and fairness advocated under English law.In the case of foreign judgments passed in countries that are not a part of the Brussels Convention and where no reciprocal enforcement treaties exist, the action to enforce the judgment must be brought under common law rules.

The matter of consent will be established if there is a contractual clause allowing jurisdiction to the foreign court, or if there is a voluntary appearance by the judgment-debtor. (Clarkson and Hill, 2007:136). A defendant must have been present in the foreign country where action is being brought against him or her and in the event,