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Information Journal Paper

Title

The study of validity of court choice contract in private international law and its impact on the recognition and enforcement of foreign judgments

Pages

  167-188

Abstract

 If an agreement of the choice of court or choice of forum clause in international private law has legal effect, it may grant Exclusive Jurisdiction to the chosen court, and disqualified from the courts of other countries, unless agreed to be the chosen court is non-exclusive. Judgment of chosen court in another country shall be recognized or enforced if such agreement is valid under the law of the court that hearing the request of recognition and Enforcement of Foreign Judgment. The method of this article is analytical-descriptive and its result shows that such an agreement is generally neither contrary to public judicial policy nor contrary to the rules of internal civil procedure in determining the jurisdiction of courts, unless the agreement is not valid in terms of law (unlawful), such as the choice of court agreement is the case in the Exclusive Jurisdiction of another courts of country. Also if this agreement has been concluded by fraud or fraudulently or unfairly is not valid. Plus, if the chosen court of the two parties is not related to the elements of the dispute, the court can, due to the lack of a reasonable and legitimate interest and to avoid imposing court costs on its respective country, does not consider such jurisdiction valid and refuses to hear the case; But if the judgment is issued, recognition and enforcement it in abroad, it depends on the court's opinion of the legitimacy of this type of agreement.

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    • Cite

    APA: Copy

    GHAMAMI, MAJID, & Saneian, Aliasghar. (2020). The study of validity of court choice contract in private international law and its impact on the recognition and enforcement of foreign judgments. THE JUDICIARY’S LAW JOURNAL, 84(110 ), 167-188. SID. https://sid.ir/paper/402059/en

    Vancouver: Copy

    GHAMAMI MAJID, Saneian Aliasghar. The study of validity of court choice contract in private international law and its impact on the recognition and enforcement of foreign judgments. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;84(110 ):167-188. Available from: https://sid.ir/paper/402059/en

    IEEE: Copy

    MAJID GHAMAMI, and Aliasghar Saneian, “The study of validity of court choice contract in private international law and its impact on the recognition and enforcement of foreign judgments,” THE JUDICIARY’S LAW JOURNAL, vol. 84, no. 110 , pp. 167–188, 2020, [Online]. Available: https://sid.ir/paper/402059/en

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