PROCEDURE

Abstract

Article 14 of the Convention makes clear that a Contracting State need not provide a remedy that is not available under that State's own national law; however, that State shall apply all enforcement measures available under its internal law to give as much effect as possible to the foreign judgment. This is similar to Article 54 of the Brussels I bis Regulation, which requires member states to adopt legal measures ‘known to the law of that Member state’ to pursue ‘similar aims and interests’. Thus, the primary goal of Article 14 is to encourage recognition of foreign judgments through all available procedural avenues within a Member State's internal laws without requiring that State to recognize a foreign judgment by procedural means not provided in its internal laws. Article 14 contains a secondary, but important, goal of ensuring that procedures to recognize and enforce a COCA Convention judgment be as speedy and rapid as possible.