ABSTRACT
The central tenet of the Brussels Convention is to create a free market in judgments, ensuring that a judgment rendered by one Contracting State may be recognised and enforced in all other Contracting States expeditiously. A wide definition of ’judgment’ is provided by article 25 as, ‘any judgment given by a court or tribunal of a Contracting State’. The tenor of the Convention provisions on recognition and enforcement ensure free movement of judgments with no review of the jurisdiction of the original court. It is provided by article 27(1) that a judgment shall not be recognised, ‘if such recognition is contrary to public policy in the State in which recognition is sought’. Clearly to give wide effect to public policy as a defence would render nugatory the avowed aim of the Convention to facilitate free movement of judgments throughout Contracting States.
