ABSTRACT
Disputes arising in international trade may be determined by foreign courts or arbitral tribunals. The prohibition against reviewing the substance of the judgment excludes the traditional English rules preventing recognition of a judgment obtained by fraud, under which the party alleging fraud could rely on evidence that he placed or could have placed before the foreign court. The chapter focuses on the original and revised versions of the Brussels I Regulation, which deal with the recognition and enforcement in a member state of judgments given in other member states. A crystallisation of English public policy is found in s 5 of the Protection of Trading Interests Act 1980, which prevents the enforcement at common law or under the 1920 or 1933 Acts of a judgment for multiple damages. The position at common law, and under the 1920 Act, was for a long time obscure, but eventually, in Showlag v Mansour, the analogy of the 1933 Act prevailed.
