[Hague-jur-commercial-law] IP&The Hague quick notes about yesterday

[Manon Ress]

I understood that in 9 d) only a fraud in *procedures* would count and 
make the judgment unenforceable.  In the case of a "forged contract" the 
fraud would be in the *underlying contract* and that is not a concern in 
the project.  But maybe I misunderstood because that would be odd. Maybe 
I got things wrong in my notes.

The example was firm A enters a contract with firm B.  Choice of forum 
in that contract is let's say a London court.  Firm B forges a new 
contract with choice of court let's say in Seoul.  B brings dispute to 
Seoul court.  Judgment of Seoul court would be enforceable under the 
Hague?  I would assume that if the contract is not valid, the choice of 
court cannot be valid either.

Check in Chapter III Recognition and enforcement

Article 9
A judgment given by a court...maybe refused only on the following 
grounds [...]

d) the judgment was obtained by fraud in connection with a matter of 
procedure;

end of quote

it would be much better to have:

d) the judgment was obtained by fraud.





Michael Sondow wrote:
> Manon wrote:
> 
> 
>>Judgment rendered in a court chosen in the forged contract 
>>would be enforced under the convention.
> 
> 
> Have I read this right?
> 
> M. Sondow
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> 
> 

-- 
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

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