ABSTRACT
This chapter explores as a corollary to the Brussels Convention principles relating to recognition and enforcement that are predicated upon uniform levels of jurisdictional competence between Contracting States. An English court will not be obliged to recognise or enforce a foreign judgment which conflicts with an earlier judgment granted by an English court or are contrary to our standards of substantive or procedural justice. The chapter examines the juxtaposition between the Brussels Convention, traditional common law rules, and s. 32 of the Civil Jurisdiction and Judgments Act 1982, in relation to effective incorporation of arbitration clauses. The only alternative basis of international jurisdiction in the eyes of English law is that of submission. It is important to address the connection test for corporations, being an artificial concept not a natural individual, the concept of residence/presence can only be applied in a superficial and attenuated form.
