TO THE HAGUE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS
(Hague, February 1, 1971)
The States signatory to the present Protocol,
In the knowledge that certain grounds of jurisdiction,
which are not included in Articles 10 and 11 of the Hague Convention on
the Recognition and Enforcement of Foreign Judgments in Civil and Commercial
Matters, can only exceptionally justify the international recognition and
enforcement of judgments,
Convinced that the principles upon which this
Protocol is founded shall prevail both in Supplementary Agreements which
will be concluded under Article 21 of the said Convention and in other
Conventions to be concluded in the future,
Have resolved to conclude a Protocol to this
end, and agreed on the following provisions:
(1) This Protocol shall apply to all foreign
decisions, regardless of their State of origin, rendered in matters to
which the Convention on the Recognition and Enforcement of Foreign Judgments
in Civil and Commercial Matters extends, and directed against a person
having his domicile or habitual residence in a Contracting State.
(2) Recognition and enforcement of a decision
to which Article 1 applies shall in a Contracting State be refused at the
request of the person against whom recognition or enforcement is sought,
where the decision was based, and in the circumstances could have been
based, only on one or more of the grounds of jurisdiction specified in
Recognition and enforcement need not, however,
be refused where the jurisdiction of the court of the State of origin could
in the circumstances also have been based upon another ground of jurisdiction
which, as between the State of origin and the State of recognition, is
sufficient to justify recognition and enforcement.
(3) Contracting States for the purposes of
Articles 1 and 2 are States which are Parties to the Convention, and are
linked by a Supplementary Agreement in accordance with Article 21 thereof.
(4) The grounds of jurisdiction referred to
in the first paragraph of Article 2 are the following -
a) the presence in the territory of
the State of origin of property belonging to the defendant, or the seizure
by the plaintiff of property situated there, unless -
- the action is brought to assert proprietary
or possessory rights in that property, or arises from another issue relating
to such property,
- the property constitutes the security for
a debt which is the subject-matter of the action;
b) the nationality of the plaintiff;
c) the domicile, habitual residence
or ordinary residence of the plaintiff within the territory of the State
of origin unless the assumption of jurisdiction on such a ground is permitted
by way of an exception made on account of the particular subject-matter
of a class of contracts;
d) the fact that the defendant carried
on business within the territory of the State of origin, unless the action
arises from that business;
e) service of a writ upon the defendant
within the territory of the State of origin during his temporary presence
f) a unilateral specification of the
forum by the plaintiff, particularly in an invoice.
(5) A legal person shall be considered to
have its domicile or habitual residence where it has its seat, its place
of incorporation, or its principal place of business.
(6) This Protocol shall not prevail over present
or future Conventions which, in relation to special fields, provide for
any of the grounds of jurisdiction specified in Article 4.
(7) This Protocol applies subject to the provisions
of existing Conventions relating to the recognition and enforcement of
(8) In Supplementary Agreements concluded
in accordance with Article 21 of the Convention on the Recognition and
Enforcement of Foreign Judgments in Civil and Commercial Matters, States
Parties to those Agreements will not regard a court as possessing jurisdiction
when it has proceeded on one or more of the grounds of jurisdiction specified
in Article 4, unless it is necessary to do so to prevent a denial of justice
to a litigant.
(9) The present Protocol shall be open for
signature by every State which has signed the Hague Convention on the Recognition
and Enforcement of Foreign Judgments in Civil and Commercial Matters.
It may be signed and ratified by every State
which is a Party to the Convention, and the instrument of ratification
shall be deposited with the Ministry of Foreign Affairs of the Netherlands
which shall give all necessary notifications.
It shall enter into force on the sixtieth
day after the deposit of the second instrument of ratification.
For every State which ratifies it subsequently
it shall enter into force on the sixtieth day after the deposit of the
instrument of ratification.
A denunciation of the Convention entails the
denunciation of the Protocol.
In witness whereof the undersigned, being
duly authorized thereto, have signed this Protocol.
Done at The Hague, on the first day of February,
1971, in the English and French languages, both texts being equally authentic,
in a single copy which shall be deposited in the archives of the Government
of the Netherlands and of which a certified copy shall be sent, through
the diplomatic channel, to each of the States represented at the Tenth
Session of the Hague Conference on Private International Law, and to Cyprus,
Iceland and Malta.