Rethinking foreign submission: upholding the legitimate expectations of the parties

Lazarowicz, Charlotte (2022) Rethinking foreign submission: upholding the legitimate expectations of the parties. LL.M(R) thesis, University of Glasgow.

Abstract

Foreign submission has been recognised as a basis of international competence since the turn of the twentieth century. Nonetheless, its meaning and the reason why the act of submission can bind a judgment debtor to a foreign judgment in England remain obscure. This thesis gives a detailed account of the historical origins of foreign submission, drawing out its conceptual and theoretical ambiguities. The consent-based analysis of the concept, which has gained traction in recent years, is criticised as creating an imbalance between the claimant and defendant when enforcement is sought. A new perspective, based upon the legitimate expectations of the litigants, is offered. Within this framework, the procedural law of the court of origin will play a crucial role, assisting in drawing the line between when the conduct of a litigant should and should not amount to foreign submission for the purpose of judgment enforcement.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Lindsay, Dr. Bobby
• Date of Award: 2022
• Depositing User: Theses Team
• Unique ID: glathesis:2022-82816
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 20 Apr 2022 09:25
• Last Modified: 20 Apr 2022 09:25
• Thesis DOI: 10.5525/gla.thesis.82816
• URI: https://theses.gla.ac.uk/id/eprint/82816