Recognition and Enforcement of Foreign Judgments in International Sales Contracts: A Comparative Study of the Brussels I bis Regulation and the Law of Ghana

Abstract

Cross-border litigation is complex. Generally, judgments made by the courts of one sovereign state are, by themselves, not enforceable in the courts of another sovereign state. Collecting monetary damages or other remedies awarded by a court in an international dispute can be even more difficult because, normally, decisions of a state’s courts have no force outside the territorial boundaries of that state. Efforts to create an internationally accepted convention for the recognition and enforcement of foreign judgments have not had much success, and regional and bilateral agreements have limited reach. This study compares the legal rules in Ghana and the European Union (Brussels I Recast) on the recognition and enforcement of foreign judgments. The study discusses the rules within the two jurisdictions, pointing out any deficiencies that may be identified in the two legal regimes. The aim is to provide recommendations that may be useful in developing the rules under consideration. The recommendations are aimed at adopting appropriate legal rules on the recognition and enforcement of foreign judgments that would likely aid in the promotion of international sales contracts among private persons and other commercial entities located in different countries.

Keywords

• brussels i regulation
• common law
• ghana
• eu
• exequatur
• recognition
• commercial foreign judgment