Sentences with phrase «declaration of enforceability»

However, enforcement under either Convention would include a requirement to obtain a declaration of enforceability from the enforcing Court; the Recast Regulation abolished the need for this step.

A remarkable benefit instituted was the elimination of the double exequatur4 for arbitral awards and arbitration agreements, removing the obligation to obtain a declaration of enforceability from a national court prior the execution, which implies assurance for commercial transactions.

Where the application for enforcement is challenged on the grounds set out in question 3.4 below, the foreign court may be required to provide a declaration of enforceability upon the consideration of the merits of the opposition to the application.

An application for the declaration of enforceability must be made under CPR Part 23 using Form N244.

A party seeking or contesting recognition or applying for a declaration of enforceability shall produce:

The return of a child referred to in Article 40 (1)(b) entailed by an enforceable judgment given in a Member State shall be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition if the judgment has been certified in the Member State of origin in accordance with paragraph 2.

(3) An application for a declaration of enforceability of a judgment given in a Member State and enforceable in that State, in another Member State, should be submitted to the competent authorities listed in Annex II to Regulation (EC) No 44/2001.