Louis d’Avout (University Paris II Panthéon-Assas) has posted a short paper in French on the Resurgence of the 1934 Franco-British Convention on the Enforcement of Foreign Judgments (La résurgence de la convention franco-britannique du 18 janvier 1934 pour l’exécution des jugements étrangers) on the website of the French Committee for Private International Law.
Unlike the Haut Comité Juridique de la Place Financière de Paris, which has opined that the 1934 Convention was abrogated by the Brussels Convention, Prof. d’Avout submits that the 1934 bilateral convention is still in force and governs the enforcement of British judgments in France. He notes that the requirements for enforcing judgments are, from a French perspective, old and potentially more restrictive than the French common law of judgments, but underscores that the Convention was interpreted initially as allowing the application of a more favourable common law of judgments by the Contracting States.
The paper is the written version of a speech given in a recent conference on Brexit organised by the Committee.
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Unlike the Haut Comité Juridique de la Place Financière de Paris, which has opined that the 1934 Convention was abrogated by the Brussels Convention, Prof. d’Avout submits that the 1934 bilateral convention is still in force and governs the enforcement of British judgments in France. He notes that the requirements for enforcing judgments are, from a French perspective, old and potentially more restrictive than the French common law of judgments, but underscores that the Convention was interpreted initially as allowing the application of a more favourable common law of judgments by the Contracting States.
The paper is the written version of a speech given in a recent conference on Brexit organised by the Committee.
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