RECOGNITION OF JUDGMENTS IN PERSONAM: THE MEANING OF RECIPROCITY
AbstractThe English Court of Appeal has made it clear that when it speaks of reciprocity in conflict of laws, it means reciprocity in domestic jurisdiction, not reciprocity in recognition. The author proposes to discuss fully the distinction between reciprocity in recognition, which is alien to the common law, and reciprocity in jurisdiction. In order to do so, he examines the Canadian position to determine whether reciprocity in recognition is involved in the recognition of personal actions such as breach of contract or torts and, if not, whether the English framework for jurisdictional recognition should apply. He argues that the English position is acceptable by Canada’s common law standards, but goes on to analyze the effect of Canada’s legislative enactments in comparison to English statutes. He concludes that legally, socially and commercially reciprocity of treatment is unsound and recommends that Canada avoid preventing recognition of foreign judgments based strictly on this meaning of reciprocity.
Keywords:Conflict of Laws
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