Contributed By Walkers
Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the "Brussels I Recast") has force of law in Ireland and, provided neither Articles 45 nor 46 of the Brussels I Recast is applicable and, subject to compliance with the procedures set out in Brussels I Recast, any judgment in relation to a document governed by the law of a EU Member State coming within the scope of Brussels I Recast and obtained in that Member State would be recognised and enforced in Ireland without retrial or examination of the merits of the case.
Council Regulation (EC) No 805/2004 of 21 April 2004 on creating a European Enforcement Order for uncontested claims (as amended) (the "EEO Regulation") has force of law in Ireland. Provided that certain provisions of the EEO Regulation are not applicable and subject to compliance with the procedures set out in the EEO Regulation and the European Communities (European Enforcement Order) Regulations 2005 (SI No 648 of 2005) (as amended), a judgment, or part thereof obtained in an EU Member State and certified in that EU Member State as a European Enforcement Order for the purpose of the EEO Regulation would be recognised and enforced in Ireland. The EEO Regulation does not apply to arbitration proceedings.
Hague Convention and Lugano Convention
The Convention of 30 June 2005 on Choice of Court Agreement ("Hague Convention on Choice of Court Awards") has force of law in Ireland. This will be relevant in the context of enforcement of judgments given by a court in Mexico or Singapore. Ireland is a signatory to the convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters signed on 30 October 2007 and concluded on behalf of the European Union pursuant to Council Decision 2009/430/EC and the protocols and annexes thereto (the "Lugano Convention") will be relevant in the context of judgments given by a court in Norway, Switzerland or Iceland.
In any proceedings taken in Ireland for the enforcement of a judgment obtained against an issuer in the courts of a foreign country (other than the EU, Norway, Switzerland, Iceland, Mexico and Singapore) (the "Foreign Judgment") the Foreign Judgment should be recognised and enforced by the courts of Ireland.
To enforce such a Foreign Judgment in Ireland, it would be necessary to obtain an order of the Irish courts. Such order should be granted on proper proof of the Foreign Judgment without any re-trial or examination of the merits of the case subject to the following qualifications:
The following are given force of law in Ireland subject to and in accordance with the provisions of the Arbitration Act, 2010 (the "2010 Act"):
the UNCITRAL Model Law on International Commercial Arbitration (as adopted by the United Nations Commission on International Trade Law on 21 June 1985, with amendments as adopted by that Commission on 7 July 2006);
Assuming the arbitration award of an arbitrator of a foreign arbitration body (a "Foreign Arbitration Award") comes within the scope of the Arbitration Conventions, and that the country in which the arbitration award will be made is a contracting state to and has implemented into its domestic law the relevant Arbitration Conventions, subject to the 2010 Act and the terms of the relevant Arbitration Conventions, a Foreign Arbitration Award should be recognised, accepted and enforced by the courts of Ireland without any re-trial or examination of the merits of such award.