Jurisdiction of Courts and Enforcement of Judgments Act, 1993
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PART III Lugano Convention | ||
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Interpretation ( Part III ). |
7.—(1) In this Part, unless the context otherwise requires— | |
“Contracting State” means a state in respect of which the Lugano Convention has entered into force or taken effect in accordance with Article 61 or 62; | ||
“the Lugano Convention” means the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Lugano on the 16th day of September, 1988, and includes Protocol 1; | ||
“Protocol 1” means the Protocol on certain questions of jurisdiction, procedure and enforcement signed at Lugano on the 16th day of September, 1988. | ||
(2) A document purporting to be a copy of a judgment given by a court of a Contracting State shall, for the purposes of this Act, be regarded as being duly authenticated if it purports— | ||
(a) to bear the seal of that court, or | ||
(b) to be certified by a person in his capacity as a judge or officer of that court to be a true copy of a judgment given by that court. | ||
(3) In this Part, unless the context otherwise requires, a reference to a numbered Article is a reference to the Article so numbered of the Lugano Convention and a reference to a subdivision of a numbered Article shall be construed accordingly. | ||
(4) (a) The Minister for Foreign Affairs may by order declare— | ||
(i) that any state specified in the order is a Contracting State, or | ||
(ii) that a denunciation (the text of which shall be set out in the order) has been made pursuant to Article 64, a declaration (the text of which shall be set out in the order) has been made pursuant to Article Ia, Ib or IV of Protocol 1 or a communication (the text of which shall be set out in the order) has been made pursuant to Article 63 or Article VI of Protocol 1. | ||
(b) An order that is in force under this subsection shall be evidence— | ||
(i) as respects any declaration under paragraph (a) (i) therein, that any state to which the declaration relates is a Contracting State, and | ||
(ii) as respects any declaration under paragraph (a) (ii) therein, that the denunciation pursuant to Article 64, the declaration pursuant to Article Ia, Ib or IV of Protocol 1 or, as the case may be, the communication pursuant to Article 63 or Article VI of Protocol 1, to which the first mentioned declaration relates was made and of its contents. | ||
(c) The Minister for Foreign Affairs may by order amend or revoke an order under this subsection including an order under this paragraph. |