International Private Law regarding Procedural Matters


Immunity

 

 


Jurisdiction, Recognition and Enforcement in matters of Civil and Commercial Law

Scope: This Regulation applies in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters. It does not apply to (a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession, (b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings, (c) social security and (d) arbitration.
Parties: All EU Member States, with the exception of Denmark*), are a party to the Brussels II Regulation 2003, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

    *) Denmark and the European Union have concluded a separate Agreement on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The purpose of this Agreement is to apply the Brussels I Regulation in relations between Denmark and the rest of the European Union and to achieve a uniform application and interpretation (in force as of 1 July 2007).

    Scope: This Regulation creates a European order for payment procedure in cross-border civil and commercial cases concerning uncontested pecuniary claims between parties of whom at least one is domiciled or habitually resident in a Member State other than the Member State of the court seised. For the purposes of applying this Regulation, jurisdiction shall be determined in accordance with the relevant rules of Community law, in particular with the Brussels I Regulation ((EC) No 44/2001). However, if the claim relates to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, and if the defendant is the consumer, only the courts in the Member State in which the defendant is domiciled, within the meaning of Article 59 of the Brussels I Regulation, shall have jurisdiction.
    Parties: All EU Member States, with the exception of Denmark, take part in the adoption and application of this Regulation, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

    Scope: This Regulation establishes a European procedure for small claims in civil and commercial cross-border cases where the value of a claim does not exceed € 2,000 (excluding all interest, expenses and disbursements) at the time when the claim form is received by the court with jurisdiction. A cross-border case is one in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court or tribunal seised. Where a party is domiciled, has to be assessed on the basis of the Brussels I Regulation. The Small Claims Regulation itself does not provide any rules regarding jurisdiction of the courts of the EU Member States where the claim has to be filed. It refers for this purpose to the normal applicable rules on jurisdiction, therefore especially to those of the Brussels I Regulation, as far as these are relevant. It also eliminates the intermediate proceedings necessary to enable recognition and enforcement, in other Member States, of judgments given in one Member State in the European Small Claims Procedure. The European Small Claims Procedure is available to litigants as an alternative to the procedures existing under the laws of the Member States.
    Parties: All EU Member States, with the exception of Denmark, take part in the adoption and application of this Regulation, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

    Scope: This Regulation creates a European Enforcement Order for uncontested claims in civil and commercial matters, in the sense that a judgment which has been certified as a European Enforcement Order in the Member State of origin shall be recognised and enforced in the other Member States without the need for a declaration of enforceability and without any possibility of opposing its recognition.
    Parties: All EU Member States, with the exception of Denmark, take part in the adoption and application of this Regulation, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

    Scope: This Convention applies in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters. It does not apply (1) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession, (2) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings, (3) social security and (4) arbitration.
    Parties: All EU-Member States. The 1968 Brussels Convention, however, has been set aside by the Brussels I Regulation. Since 1 July 2007, when Denmark agreed to apply the Brussels I Regulation too, the 1968 Brussels Convention no longer has any real meaning.

 


Jurisdiction, Recognition and Enforcement in matters of Persons and Family Law

  • Brussels II Regulation 2003 (Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000)

    Scope: Regulation between EU Member States on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. This Regulation applies, whatever the nature of the court or tribunal, in civil matters relating to (a) divorce, legal separation or marriage annulment; (b) the attribution, exercise, delegation, restriction or termination of parental responsibility, like rights of custody and rights of access, guardianship, curatorship and similar institutions, the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child, the placement of the child in a foster family or in institutional care, measures for the protection of the child relating to the administration, conservation or disposal of the child's property. The Brussels II Regulation 2003 doesn’t apply to (a) the establishment or contesting of a parent-child relationship; (b) decisions on adoption, measures preparatory to adoption, or the annulment or revocation of adoption; (c) the name and forenames of the child; (d) emancipation; (e) maintenance obligations; (f) trusts or succession; (g) measures taken as a result of criminal offences committed by children..
    Parties: All EU Member States, with the exception of Denmark, are a party to the Brussels II Regulation 2003, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

  • Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children (the Hague, 19 October 1996)   [See for more details: Dutch Treaty Data Base]

    Scope: The Convention applies to children from the moment of their birth until they reach the age of 18 years with regard to (a) the attribution, exercise, termination or restriction of parental responsibility, as well as its delegation; (b) rights of custody, including rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence, as well as rights of access including the right to take a child for a limited period of time to a place other than the child's habitual residence; (c) guardianship, curatorship and analogous institutions; (d) the designation and functions of any person or body having charge of the child's person or property, representing or assisting the child; (e) the placement of the child in a foster family or in institutional care, or the provision of care by kafala or an analogous institution; (f) the supervision by a public authority of the care of a child by any person having charge of the child; (g) he administration, conservation or disposal of the child's property.
    Parties: Albania, Armenia, Australia, Dominican Republic, Ecuador, Morocco, Monaco, Switzerland, Ukraine and Uruguay (and the following EU Member States:) Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Luxembourg, Poland, Slovakia and Slovenia (not ratified yet by: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Portugal, Romania, Spain, Sweden and the United Kingdom). As concerns the relation of the Brussels II Regulation 2003 with the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, the Brussels II Regulation 2003 shall apply (a) where the child concerned has his or her habitual residence on the territory of a Member State and (b) as concerns the recognition and enforcement of a judgment given in a court of a Member State on the territory of another Member State, even if the child concerned has his or her habitual residence on the territory of a third State which is a contracting Party to the Hague Convention of 19 October 1996 (Article 61 Brussels II Regulation 2003).

Scope: The Convention regulates different situations relating to the right of custody in specific situation of improper removal of a child. 'Improper removal' means the removal of a child across an international frontier in breach of a decision relating to his custody which has been given in a Contracting State and which is enforceable in such a State; improper removal also includes (1º) the failure to return a child across an international frontier at the end of a period of the exercise of the right of access to this child or at the end of any other temporary stay in a territory other than that where the custody is exercised and (2 º) a removal which is subsequently declared unlawful within the meaning of Article 12 of the Convention.
Parties: Andorra, Iceland, Liechtenstein, Macedonia, Moldova, Montenegro, Norway, Serbia, Switzerland, Turkey and Ukraine (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United Kingdom. In relations between EU Member States the Brussels II Regulation 2003 takes precedence over the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, insofar it concerns matters governed by the Brussels II Regulation 2003 (Article 60 Brussels II Regulation 2003).

    Scope: The international protection of children from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access. The Convention ceases to apply when the child attains the age of 16 years.
    Parties: Albania, Argentina, Armenia, Australia, Bahama's, Belarus, Belize, Bosnia and Herzegovina, Brazil, Burkina Faso, Canada, Chile, China, Colombia, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Fiji Islands, Georgia, Guatemala, Honduras, Iceland, Israel, Macedonia, Mauritius, Mexico, Moldova, Monaco, Montenegro, Nicaragua, New Zealand, Norway, Panama, Paraguay, Peru, Saint Kitts and Nevis, San Marino, Serbia, Seychelles, South Africa, Sri Lanka, Switzerland, Thailand, Trinidad and Tobago, Turkey, Turkmenistan, Ukraine, United States of America, Uruguay, Uzbekistan, Venezuela and Zimbabwe (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. In relations between EU Member States the Brussels II Regulation 2003 takes precedence over the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, insofar it concerns matters governed by the Brussels II Regulation 2003 (Article 60 Brussels II Reguation 2003).

    Scope: The judicial or administrative authorities of the State of the habitual residence of an infant have power, subject to the provisions of Articles 3 and 4, and paragraph 3 of Article 5 of the present Convention, to take measures directed to the protection of his person or property. The authorities having power by virtue of the terms of Article 1 shall take the measures provided by their domestic law. That law shall determine the conditions for the initiation, modification and termination of the said measures. It shall also govern their effects both in respect of relations between the infant and the persons or institutions responsible for his care, and in respect of third persons.
    Parties: China, Switzerland and Turkey (and the following EU Member States:) Austria, France, Germany, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal and Spain.

  • Convention on Celebration and Recognition of the Validity of Marriages (the Hague, 14 March 1978)   [See for more details: Dutch Treaty Data Base]

    Scope: Facilitate the celebration of marriages and the recognition of the validity of marriages
    Parties: Australia (and the following EU Member States:) Luxembourg and the Netherlands (and signed but not yet ratified by: Egypt, Finland and Portugal).

  • Convention on the Recognition of Decisions Relating to the Validity of Marriages (Luxembourg, 8 September 1967)   [See for more details: Dutch Treaty Data Base]

    Scope: Facilitation of the recognition, within the territory of all the Contracting States, of decisions concerning the matrimonial bond given in any of those States.
    Parties: Turkey (and the following EU Member States:) Austria and the Netherlands. Signed but not yet ratified by Belgium, France, Germany and Greece (all being EU Member States). In relations between EU Member States mutually the Brussels II Regulation 2003 takes precedence over the Luxembourg Convention of 8 September 1967 on the Recognition of Decisions Relating to the Validity of Marriages, insofar it concerns matters governed by the Brussels II Regulation 2003 (Article 60 Brussels II Regulation 2003).

  • Convention of on the Recognition of Divorces and Legal Separations (the Hague, 1 June 1970)   [See for more details: Dutch Treaty Data Base]

    Scope: The recognition in one Contracting State of divorces and legal separations obtained in another Contracting State which follow judicial or other proceedings officially recognized in that State and which are legally effective there. It does not apply to findings of fault or to ancillary orders pronounced on the making of a decree of divorce or legal separation; in particular; it does not apply to orders relating to pecuniary obligations or to the custody of children.
    Parties: Australia, China, Egypt, Norway, Switzerland (and the following EU Member States:) Cyprus, Czech Republic, Denmark, Estonia, Finland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Slovakia, Sweden and the United Kingdom. In relations between EU Member States mutually the Brussels II Regulation 2003 takes precedence over the Hague Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations, insofar it concerns matters governed by the Brussels II Regulation 2003 (Article 60 Brussels II Reguation 2003).

Scope: The prupose of this Convention is to facilitate the recovery of maintenance to which a person, who is in the territory of one of the Contracting Parties, claims to be entitled from another person, who is subject to the jurisdiciton of another Contracting Paty. This purpose shall be effected through the offices of transmitting and receiving agencies.
Parties: Algeria, Argentina, Australia, , Barbados, Belarus, , Bolivia, Bosnia and Herzegovina, Brazil, Burkina Faso, Cambodia, Cape Verde, Central African Republic, Chile, China, Colombia, Croatia, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Holy See, Israel, Macedonia, Mexico, Monaco, Morocco, New Zealand, Niger, Norway, Pakistan, Philippines, Sri Lanka, Suriname, Switzerland, Tunisia, Turkey, Uruguay (and the following EU Member States:) Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Notice that a lot of these countries are also a member state of The Hague Conventions of 1958 and 1973 concerning the recognition and enforcement of decisions relating to maintenance obligations and The Hague Conventions of 1956 and 1973 on the law applicable to maintenance obligations (this is, however, not the case with, Algeria, Barbados, Burkina Faso, Cape Verde, Central African Republic, China, Colombia, Guatemala, Haiti and Kazakhstan). While the New York Convention of 20 June 1956 on the recovery abroad of maintenance (United Nations) establishes arrangements on administrative co-operation between the competent authorities, the Hague Conventions give rules with regard to jurisdicition, the applicable law and the recognition and enforcement of judgments.

Scope: This Agreement applies to maintenance obligations arising from a family relationship or parentage, including a maintenance obligation towards a child born out of wedlock. However, a maintenance obligation towards a spouse or former spouse where there are no minor children will be enforced in the United States under this Agreement only in those states and other jurisdictions of the United States that elect to do so. This Agreement applies to the collection of payment arrears on a valid maintenance obligation and any applicable interest on arrears and to the modification or other official change in amounts due under an existing maintenance decision. The remedies provided for in this Agreement are not exclusive and do not affect the availability of any other remedies for the enforcement of a valid maintenance obligation.
Parties (bilateral): United States of America and the Netherlands.

    Scope: This Convention applies to the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests. Its objects are (a) to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the adult; (b) to determine which law is to be applied by such authorities in exercising their jurisdiction; (c) to determine the law applicable to representation of the adult; (d) to provide for the recognition and enforcement of such measures of protection in all Contracting States; (e) to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.
    Parties: Cyprus, Czech Republic, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Poland, Switzerland and the United Kingdom (all being EU Member States).

 

 


Access to Court and Legal Aid

Scope: The purpose of this Directive is to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid in such disputes. It shall apply, in cross-border disputes, to civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.
Parties: All EU Member States, with the exception of Denmark, take part in the adoption and application of this Directive, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

Scope: In civil or commercial matters, the service of documents addressed to persons abroad shall be effected in the Contracting States on request of a consul of the requesting State, made to the authority which shall be designated by the State addressed. The request, specifying the authority originating the document forwarded, the names and capacities of the parties, the address of the addressee, and the nature of the document in question, shall be in the language of the requested authority. This authority shall send to the consul the certificate showing service or indicating the fact which prevented it. Service shall be effected by the authority which is competent according to the laws of the State addressed. That authority may confine itself to serving the document by delivery to an addressee who accepts it voluntarily.
Parties: Albania, Argentina, Armenia. Belarus, Bosnia and Herzegovina, China, Croatia, Egypt, Holy See, Iceland , Israel, Japan, Kyrgyzstan, Lebanon, Macedonia, Moldova, Montenegro, Morocco, Norway, Russian Federation, Serbia, Suriname, Switzerland, Turkey, Ukraine, Uzbekistan (and the following EU Member States:) Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Hungary, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Scope: This Convention applies in all cases, in civil or commercial matters, where there is occasion to transmit a judicial or extrajudicial document for service abroad. For this purpose each Contracting State has established, under its own law, and designated a Central Authority which undertakes to receive requests for service coming from other Contracting States and to proceed in conformity with the provisions of this Convention.
Parties: Albania, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Belarus, Belize, Bosnia and Herzegovina, Botswana, Canada, China, Croatia, Egypt, Iceland, India, Israel, Japan, Korea (Republic of), Kuwait, Macedonia, Malawi, Mexico, Monaco, Norway, Pakistan, Russian Federation, Saint Vincent and the Grenadines, San Marino, Serbia, Seychelles, Sri Lanka, Switzerland, Turkey, Ukraine, United States of America and Venezuela (and the following EU Member States:) Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom.

Scope: In civil or commercial matters a judicial authority of a Contracting State may, in accordance with the provisions of the law of that State, request the competent authority of another Contracting State, by means of a Letter of Request, to obtain evidence, or to perform some other judicial act. The expression "other judicial act" does not cover the service of judicial documents or the issuance of any process by which judgments or orders are executed or enforced, or orders for provisional or protective measures. A Contracting State shall designate a Central Authority which will undertake to receive Letters of Request coming from a judicial authority of another Contracting State and to transmit them to the authority competent to execute them. Each State shall organise the Central Authority in accordance with its own law.
Parties: Albania, Argentina, Australia, Barbados, Belarus, Bosnia and Herzegovina, Bulgaria, China, Croatia, Egypt, Iceland, India, Israel, Korea (Republic of), Kuwait, Liechtenstein, Macedonia, Mexico, Monaco, Norway, Russian Federation, Serbia, Seychelles, Singapore, South Africa, Sri Lanka, Switzerland, Turkey, Ukraine, United States of America and Venezuela (and the following EU Member States:) Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom.

Scope: Nationals of any Contracting State and persons habitually resident in any Contracting State shall be entitled to legal aid for court proceedings in civil and commercial matters in each Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State. Persons to whom paragraph 1 does not apply, but who formerly had their habitual residence in a Contracting State in which court proceedings are to be or have been commenced, shall nevertheless be entitled to legal aid as provided by paragraph 1 if the cause of action arose out of their former habitual residence in that State. In States where legal aid is provided in administrative, social or fiscal matters, the provisions of this Article shall apply to cases brought before the courts or tribunals competent in such matters.
Parties: Albania, Belarus, Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, Morocco, Serbia, Switzerland and Turkey (and the following EU Member States:) Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Romania, Slovakia, Slovenia, Spain and Sweden.

 


Legalisation

  • Convention of Abolishing the Requirement of Legalisation for Foreign Public Documents (the Hague, 5 October 1961)   [See for more details: Dutch Treaty Data Base]

    Scope: Each Contracting State shall exempt from legalisation documents to which the present Convention applies and which have to be produced in its territory. For the purposes of the present Convention, legalisation means only the formality by which the diplomatic or consular agents of the country in which the document has to be produced certify the authenticity of the signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears.
    Parties: Albania, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, Bahamas, Barbados, Belarus, Belize, Bosnia and Herzegovina, Botswana, Brunei, Cape Verde, China, Colombia, Cook Islands, Croatia, Dominica, Dominican Republic, Ecuador, El Salvador, Fiji, Georgia, Grenada, Honduras, Iceland, India, Israel, Japan, Kazakhstan, Korea (Republic of), Kyrgyzstan, Lesotho, Liberia, Liechtenstein, Macedonia, Malawi, Marshall Islands, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Namibia, New Zealand, Niue, Norway, Panama, Peru, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, São Tomé e Principe, Serbia, Seychelles, South Africa, Suriname, Swaziland, Switzerland, Tonga, Trinidad and Tobago, Turkey, Ukraine, United States of America, Vanuatu and Venezuela (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom.

 


Seizures (Attachments)

  • International Convention on the Arrest of Ships (Geneva, March 12, 1999)    [See for more details: United Nations Treaty Collection]

    Scope: This Convention regulates the exercise of the right of arrest of a ship. Subject to the provisions of this Convention, the procedure relating to the arrest of a ship or its release shall be governed by the law of the State in which the arrest was effected or applied for).
    Parties: Albania, Algeria, Benin, Ecuador, Liberia, Norway, Pakistan, Syria (and the following EU Member States:) Bulgaria, Denmark, Estonia, Finland, Latvia and Spain (not yet all of these States have ratified the Convention).

  • International Convention Relating to the Arrest of Sea-Going Ships (Brussels, May 10, 1952)

    Scope: A ship flying the flag of one of the Contracting States may be arrested in the jurisdiction of any of the Contracting States in respect of any maritime claim, but in respect of no other claim; but nothing in this Convention shall be deemed to extend or restrict any right or powers vested in any governments or their departments, public authorities, or dock or habour authorities under their existing domestic laws or regulations to arrest, detain or otherwise prevent the sailing of vessels within their jurisdiction.
    Parties: Algeria, Belize, Benin, Brazil, Burkina Faso, Cambodia, Cameroon, Central African Republic, Chad, China, Comoros, Congo (Republic of), Congo (Democratic Republic of), Costa Rica, Côte d'Ivoire, Croatia, Cuba, Djibouti, Dominica, Egypt, Fiji, Gabon, Grenada, Guinea, Guyana, Haiti, Holy See, Ireland, Italy, Kiribati, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Monaco, Morocco, Namibia, Nicaragua, Niger, Nigeria, Norway, Paraguay, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Seychelles, Solomon Islands, Switzerland, Syria, Togo and Tonga (and the following EU Member States:) Belgium, Denmark, Finland, France, Germany, Greece, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovenia, Spain, Sweden and United Kingdom.

 


Insolvency

  • Insolvency Regulation (Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings)    [See for more details: EUR-LEX]

    Scope: This Regulation applies to cross-border insolvency proceedings. The courts of the Member State within the territory of which the centre of a debtor's main interests is situated shall have jurisdiction to open insolvency proceedings. In the case of a company or legal person, the place of the registered office shall be presumed to be the centre of its main interests in the absence of proof to the contrary.
    Parties: All EU Member States, with the exception of Denmark, take part in the adoption and application of this Directive, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

 


Arbitration

  • United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)    [See for more details: Dutch Treaty Data Base]

    Scope: Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles. There shall not be imposed substantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are imposed on the recognition or enforcement of domestic arbitral awards.
    Parties: Afghanistan, Albania, Algeria, Antigua and Barbuda, Argentina, Armenia, Australia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Benin, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Burkina Faso, Cambodia, Cameroon, Canada, Central African Republic, Chile, China, Colombia, Cook Islands, Costa Rica, Côte d'Ivoire, Croatia, Cuba, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Fiji, Gabon, Georgia, Ghana, Guatemala, Guinea, Haiti, Holy See, Honduras, Iceland, India, Indonesia, Iran, Israel, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Macedonia, Madagascar, Malaysia, Mali, Marshall Islands, Mauritania, Mauritius, Mexico, Moldova, Monaco, Mongolia, Montenegro, Morocco, Mozambique, Nepal, New Zealand, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Qatar, Republic of Korea, Russian Federation, Rwanda, Saint Vincent and the Grenadines, San Marino, Saudi Arabia, Senegal, Serbia, Singapore, South Africa, Sri Lanka, Switzerland, Syria, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United States of America, Uruguay, Uzbekistan, Venezuela, Vietnam, Zambia and Zimbabwe (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom .