January 23, 2013

A public meeting of the Study Group on the Hague Judgments Project was held, under the auspices of the State Department’s Advisory Committee on Private International Law, on January 23, 2013 at the State Department, Office of Private International Law, South Building, 23rd and D Streets, N.W., Washington, D.C.

The Hague Conference on Private International Law will host, February 18-23, 2013, two meetings related to the Judgments Project: a working group will convene to consider a possible instrument on the recognition and enforcement of judgments, followed by an experts’ group that will consider whether the Project should include issues relating to jurisdictional rules, i.e., prescribing acceptable bases of jurisdiction. The public meeting was convened to obtain comments from participants on these topics, and specifically on the papers that had been prepared by the Permanent Bureau of the Hague Conference.

Regarding the recognition and enforcement of judgments, the discussion covered in particular the following topics:

-The substantive scope of an instrument, i.e., what areas should be covered

-What types of judgments should be covered

-The mechanics of the recognition and enforcement scheme, e.g., conditions, grounds for refusal, procedural requirements

-Consideration of the bases of jurisdiction applicable to the underlying action on the merits

-Judicial communication

Views were expressed that the Hague Conference should not, at least at this time, undertake work on jurisdictional rules. There was also discussion of the possible use of lis pendens rules to avoid parallel proceedings.

No matter was resolved. No report was approved.