2019年《海牙判决公约》判决承认和执行机制概述

Overview of the Mechanism of Recognition and Enforcement of Judgments in 2019 Hague Judgment Convention

2019年7月2日通过的海牙《承认与执行外国民商事法院判决公约》被誉为国际司法制度规则的改变者。该公约确定了外国民商事法院判决承认与执行的新机制。本文讨论了该新机制的基本内容及其相关的几个问题:缔约国承认与执行外国法院判决的公约义务、公约所确定的不审查外国法院判决实质问题的基本原则、判决必须具有效力和可执行性以及效力未定判决的暂缓承认与执行。这些问题属于公约对外国法院判决承认与执行基本制度设计的主要内容,也是公约规定的核心内容所在。这些内容的准确把握,对于准确理解公约的内容具有非常重要的意义。

The Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters which was adopted on July 2, 2019 in The Hague is highly regarded as a game changer of the international judiciary system. This Convention has laid down a new international regime on and mechanism of the recognition and enforcement of foreign judgments. This article focuses on the above said new regime and the relevant questions including the obligation of member states of the Convention to recognize and enforce foreign judgments according to the Convention, the principle of no review of the merits of the foreign judgments, a judgment shall have effect and is enforceable in the State of origin as well as recognition and enforcement may be postponed or refused if its effects are pending and to be determined in further proceedings. These are the main contents and core issues of the recognition and enforcement regime designed by the Convention. The correct grasp of these points in the Convention is of importance for better understanding the provisions of the Convention.