LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  1
CHAPTER 443
LEGAL PROCEDURES
(RATIFICATION OF CONVENTIONS) ACT
To enable Malta to ratify the international conventions on the service
abroad of judicial and extrajudicial documents, on the taking of evidence
abroad in civil or commercial matters, on international access to justice,
and on the enforcement of judgments in civil and commercial matters.
() *
ACT IV of 2002.
P A R T  I
P R E L I M I N A R Y
Short title and 
commencement.
1. (1) The short title of this Act is the Legal Procedures
(Ratification of Conventions) Act.
(2) This Act shall come into force on such date as the Minister
responsible for Justice may by notice in the Gazette appoint, and
different dates may be so appointed for different purposes and for
different provisions of this Act.
Interpretation.
''central authority'' means the Authority appointed under article
4;
''Contracting State'', in relation to any or all the Conventions, and
for the purposes of all or any of the Conventions as having the
force of law in Malta, means those States, other than Malta, as shall
from time to time be specified by the Minister by an order made
under article 3;
''Conventions'' collectively means The Hague Convention of
1965, The Hague Convention of 1970, The Hague Convention of
1980 and the Lugano Convention of 1988;
''The Hague Convention of 1965'' means the Convention on the
Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters which was signed at The Hague on the 15th
November, 1965, the text of which Convention is set out in Part A
of the First Schedule to this Act;
''The Hague Convention of 1970'' means the Convention on the
Taking of Evidence Abroad in Civil or Commercial Matters which
was signed at The Hague on 18th March, 1970, the text of which
Convention is set out in Part B of the First Schedule to this Act;
''The Hague Convention of 1980'' means the Convention on the
International Access to Justice which was signed at The Hague on
25th October, 1980, the text of which Convention is set out in Part
C of the First Schedule to this Act;
*Not yet in force.
2 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
''the Lugano Convention of 1988'' means the Convention on
Jurisdiction and the Enforcement of Judgements in Civil and
Commercial Matters which was signed at Lugano on 16th
September, 1988, including Protocols 1, 2 and 3, the text of which
Convention and Protocols is set out in Part D of the First Schedule
to this Act;
''Malta'' has the same meaning assigned to it by article 124 of the
Constitution;
''Minister'' means the Minister responsible for Justice;
''Non-Contracting State'' means any State which is not a
Contracting State;
''prescribed'' means prescribed by regulations made by the
Minister under this Act.
Contracting States. 3. (1) The Minister may, by order in the Gazette, from time to
time specify the Contracting States, other than Malta, for the
purposes of any or all the Conventions.
(2) Such order shall specify the date of coming into force of
the particular Convention, as between Malta and any State
specified in the order.
(3) Where a particular Convention applies, or applies only, to
a particular territory or particular territories specified in a
declaration made by a Contracting State, references to that State in
subarticles (1) and (2) shall be construed as references to that
territory or those territories -
( a ) under Article 29 of The Hague Convention of 1965; or
( b ) under Article 40 of The Hague Convention of 1970; or
( c ) under Article 32 or 33 of The Hague Convention of
1980,
as the case may be.
Central Authority. 4. (1) The functions of a central authority under the
Conventions, other than The Lugano Convention of 1988,
hereinafter referred to as ''the central authority'', shall be
discharged by such office, department or authority as may from
time to time be designated for the purpose by the Minister by notice
in the Gazette.
(2) The central authority shall also have the functions, powers
and duties assigned to it by or under this Act.
P A R T  II
T H E  H A G U E  C O N V E N T I O N   O N   T H E  S E R V I C E  A B R O A D   O F  J U D I C I A L  
A N D  E X T R A J U D I C I A L  D O C U M E N T S   I N  C I V I L   O R  C O M M E R C I A L  
M A T T E R S
(5 T H  N O V E M B E R , 1965)
Scope of 
applicability.
5. (1) Subject to the provisions of this Part of this Act, the
provisions of The Hague Convention of 1965 shall, subject to the
reservations contained in the Second Schedule, have the force of
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  3
law in Malta, and shall apply in all cases, in civil and commercial
matters, where there is occasion to transmit a judicial or
extrajudicial document originating in a Contracting State other than
Malta for service in Malta, as well as where there is occasion to
transmit a judicial or extrajudicial document originating in Malta
for service in a Contracting State other than Malta.
(2) Documents which fall under the provisions of this Part of
this Act, and which originate in Malta, shall be transmitted - 
( a ) directly by the central authority, in the case of
extrajudicial documents; and
( b ) by the Registrar of Courts, to the central authority, in
the case of judicial documents,
and, subject to the provisions of this Part of this Act, the central
authority shall transmit back the decision to the authority
concerned.
(3) The Minister may make rules with respect to the charging
of fees and the reimbursement of costs incurred by the central
authority in the transmission of documents under this Act.
Central authority to 
transmit reports for 
service.
6. (1) For the purposes of Article 3 of The Hague Convention
of 1965, the central authority shall be competent to forward
requests for service of documents originating in Malta to the
central authority of other Contracting States, and any document
duly served through the central authority in accordance with The
Hague Convention of 1965 shall, for the purpose of the relevant
law in Malta, be deemed to be properly served on the person to
whom it is addressed.
(2) The central authority shall in each case of a request for
service made under this Part of this Act determine the costs, if any,
occasioned by the services rendered by the central authority and
permitted to be charged to the applicant pursuant to Article 12 of
The Hague Convention of 1965.
Method of service.
Article 5 of The Hague Convention of 1965, the central authority
shall cause the document to be served by attaching the document to
a judicial letter filed in the Registry of the Civil Court, First Hall,
to be served on the person addressed together with such document,
and such judicial letter and accompanying documents shall be
served in accordance with the methods prescribed in -
Cap. 12.
Organization and Civil Procedure, as the
circumstances of the case may require:
Provided that the reference to curators appointed
by the court in the said article 187(7) shall not apply;
or
Cap. 12.
Procedure:
Provided that the proviso to the said article 187(8)
shall not apply,
4 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
as the central authority may deem fit to specify in the
circumstances of each case.
Declaration and 
objections.
8. Pursuant to the declaration made by Malta, and reproduced
in the Second Schedule to this Act, as provided in the second
paragraph of Article 8 of The Hague Convention of 1965, no
service of documents may be made by any Contracting State upon
persons who are in Malta, directly through such State’s diplomatic
or consular agents, unless the document is to be served upon a
national of the State in which the documents originate; such service
shall be effected by such method acceptable to the law of the State
in which the document originates, provided that such service does
not involve any action contrary to the law of Malta.
Applicability of 
articles. 
9. (1) The provisions of articles 10 to 15 shall apply in all
cases, in civil or commercial matters, where there is occasion to
transmit a judicial or extrajudicial document originating in a Non-
Contracting State for service in Malta.
(2) The provisions of article 16 shall apply in all cases, in civil
or commercial matters, where there is occasion to transmit a
judicial or extrajudicial document originating in Malta for service
in a Non-Contracting State.
(3) In either case, where the address of the person to be served
with the document is not known, the central authority shall refuse
to accept the document for transmission.
(4) The provisions of this article shall not be construed as
imposing an obligation on the central authority to exercise its
functions under any of the provisions of this Part of this Act.
Report for service. 10. (1) The authority or judicial officer or person competent
under the law of the Non-Contracting State in which the documents
originate, hereinafter referred to as ''the applicant'', shall forward to
the central authority a request for service in the form set out in Part
A of the Third Schedule to this Act, without any requirement or
equivalent formality, other than is provided in the said Part A of the
Third Schedule.
(2) ( a ) The document to be served or a copy thereof shall be
annexed to the request. The request and the document
shall both be furnished in duplicate and, if not in the
English language, shall be accompanied by two
certified translations thereof in the English language.
( b ) For the purposes of this subarticle, ''certified
translation'' shall mean a translation certified as a true
and correct translation of the original by the diplomatic
or consular representative of the Government of Malta
in the State in which the request and, or document
originates.
Non-compliance. 11. If the central authority considers that the request does not
comply with the provisions of article 10, it shall promptly inform
the applicant and specify its objections to the request.
Method of service. 12 . (1) The document shall be served in accordance with the
rules contained in article 5, which shall,  mutatis   mutandis , apply.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  5
(2) That part of the request which contains a summary of the
document to be served, shall be served with the document, in the
form set out in the Third Schedule to this Act.
Certificate of 
service.
13. (1) Where service has been effected, the central authority
shall complete a certificate of service, which shall be in the English
language, in the form set out in Part B of the Third Schedule to this
Act.
(2) The certificate shall state that the document has been served
and shall include the method, the place and the date of service, and
the person to whom the document was delivered. If the document
has not been served, the certificate shall state such fact and set out
the reasons which have prevented service. The certificate shall also
state the particulars of charges for costs for the services rendered
by the central authority, determined as provided in article 14.
(3) The certificate shall be forwarded directly by the central
authority to the person who has applied for service.
Costs of services.
service made under this Part of this Act, determine the costs
occasioned by the services to be rendered by it in effecting service.
The central authority shall not proceed with an application unless
the costs as so determined are deposited with it or proper security is
given for such payment. The costs so determined shall be indicated
in the certificate of service referred to in article 13.
Refusal to comply 
with request for 
service.
15. (1) Where a request for service complies with the
provisions of this Part of this Act, the central authority may refuse
to comply therewith only if it deems that compliance would
infringe the sovereignty or security of Malta. It may not refuse to
comply solely on the ground that, under the internal law of Malta,
Malta claims exclusive jurisdiction over the subject matter of the
action, or that the internal law of Malta does not permit the action
in connection with which the request is made.
(2) The central authority shall, in case of refusal, promptly
inform the applicant and state the reason for the refusal.
Transmission of 
requests for service 
and documents to 
Non-Contracting 
States.
16. The central authority shall be competent to receive, process
and transmit requests for service and documents originating in
Malta to the competent authorities or persons of Non-Contracting
States for service in such States -
( a ) through the Registrar of Courts, in the case of judicial
documents, in accordance with such rules as may be
prescribed; and
( b ) through the applicant, in the case of extrajudicial
documents, who shall deposit, in the office of the
central authority, an authenticated copy of the
document in the language of the Contracting State,
other than Malta, where the document is to be
transmitted.
6 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
P A R T  III
T H E  H A G U E  C O N V E N T I O N   O N   T H E  T A K I N G   O F  E V I D E N C E  A B R O A D  
I N  C I V I L   O R  C O M M E R C I A L  M A T T E R S
(18 T H  M A R C H , 1970)
Scope of 
applicability.
17. Subject to the provisions of this Part of this Act, the
provisions of Chapters I and II of The Hague Convention of 1970
shall have the force of law in Malta.
Functions and 
jurisdiction.
18. (1) The functions of the central authority under The Hague
Convention of 1970 shall be discharged by the central authority
appointed under article 4, and any letter of request coming from a
judicial authority of a Contracting State, made under The Hague
Convention of 1970, shall be addressed to the central authority,
which shall transmit the same to the competent court by means of
an application.
(2) The First Hall of the Civil Court and, where the witness
resides in Gozo, the Court of Magistrates (Gozo) in its superior
jurisdiction or any other court which the Minister may by order
designate from time to time, shall have jurisdiction to execute
letters of request, coming from a judicial authority of a Contracting
State, made under The Hague Convention of 1970.
Execution of letters 
of request.
19. For the purposes of Article 8 of The Hague Convention of
1970, the judicial personnel of the authorities requesting execution
of a letter of request made under The Hague Convention of 1970
may, if authorised by the central authority, be present at the
execution of the letter of request.
Non-applicability 
of certain articles. 
Cap. 12.
20. (1) The provisions of articles 614(2) and (3), 618, 619,
620 and 622(2) of the Code of Organization and Civil Procedure
shall not apply, for Non-Contracting States, in the execution of
letters of request sent by the judicial authority of a Contracting
State made under The Hague Convention of 1970.
(2) The Minister may, by rules made under this article, set up
the procedure to be followed in the case of letters of request made
by a Contracting State, other than Malta, for the evidence of a
person residing in Malta.
(3) Subject to the provisions of subarticles (1) and (2), the
court shall transmit the letter of request, either directly to the
central authority of the requesting State or through the central
authority of Malta.
Reservation. 21. In conformity with the reservation, made by Malta, in
accordance with paragraph 2 of Article 4 of The Hague Convention
of 1970, the text of which is reproduced in the Second Schedule,
letters of request transmitted through the central authority shall be
made in either one of the official languages of Malta.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  7
P A R T  IV
T H E  H A G U E  C O N V E N T I O N   O N  I N T E R N A T I O N A L  A C C E S S   T O  J U S T I C E
(25 T H  O C T O B E R , 1980)
Scope of 
applicability.
22. (1) Subject to the following provisions of this article, The
Hague Convention of 1980 shall have the force of law in Malta.
(2) Subject to the provisions of articles 23 to 26, and subject to
the reservation made thereto by Malta, and reproduced in the
Fourth Schedule to this Act, the provisions of Chapter I of The
Hague Convention of 1980 shall have the force of law in Malta.
(3) Where the applicant for legal aid resides abroad, there shall
be required to be sent to the central authority a certificate, issued
by the transmitting authority appointed under Article 4 of The
Hague Convention of 1980, confirming that the applicant is so
entitled, and the central authority shall, by means of an application,
request the competent court to confirm that the applicant is entitled
to legal aid.
(4) Where the applicant resides in Malta, the applicant shall
personally request the central authority to apply on his behalf to the
central authority abroad, by means of an application together with a
certificate, issued by the transmitting authority appointed under
Article 4 of The Hague Convention of 1980, showing that the
applicant is so entitled to legal aid, under the provisions of The
Hague Convention of 1980.
Central authority.
competent to receive and to take action on applications for legal aid
submitted under Chapter I of The Hague Convention of 1980.
Jurisdiction.
applicant should not be admitted to the benefit of legal aid, the
applicant shall have the right to apply to the Civil Court, First Hall,
within seven days of the decision of the central authority having
been communicated to the applicant; the Court may -
( a ) either give its decree  in camera ; or
( b ) give its decree in a public sitting, after hearing the
parties,
as to the admission or rejection of the application.
(2) The determination of the Civil Court shall be final.
Procedure on 
admission to legal 
aid.
Cap. 12.
25. In the case where the applicant is admitted to the benefit of
legal aid, the provisions of articles 918 to 926 of the Code of
Organization and Civil Procedure shall apply.
Transmitting 
authority.
26. The central authority shall be the transmitting authority for
the purposes of Article 5 of The Hague Convention of 1980, and
shall have the function of receiving, processing and forwarding
applications for legal aid to the appropriate central authority in the
requested State.
Scope of 
applicability.
27. Subject to the provisions of article 28, the provisions of
8 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Chapter II of The Hague Convention of 1980 shall have the force of
law in Malta.
Central authority. 28. (1) The central authority referred to in article 4 shall
discharge the functions specified in Article 16 of The Hague
Convention of 1980.
(2) The central authority shall have the power to reach a final
decision on applications forwarded to it by transmitting authorities
of other Contracting States, or in any other manner, specified in
Article 16 of The Hague Convention of 1980, for rendering
enforceable orders to which Article 16 of The Hague Convention of
1980 applies, and for the purposes of Chapter II of the said
Convention, the central authority shall also be the competent
authority to determine such applications.
(3) For the purposes of rendering the determination of the
applications referred to in subarticle (2) an executive title, it shall
be sufficient for the purposes of this Act for the applicant or the
central authority -
( a ) to request repayment of the security for costs; or 
( b ) to request an order for costs,
by judicial letter filed in the Registry of the Civil Court, First Hall,
accompanied by an official copy of the decision of the competent
authority.
Cap. 12.
(4) Subject to the provisions of subarticle (3), the
determination shall constitute an executive title within the meaning
and for the purposes of Title VII of Part I of Book Second of the
Code of Organization and Civil Procedure.
(5) There shall be no right of appeal against the decision of the
competent authority in the cases referred to in this article.
P A R T  V
T H E  L U G A N O  C O N V E N T I O N   O N  J U R I S D I C T I O N   A N D   T H E  
E N F O R C E M E N T   O F  J U D G E M E N T S   I N  C I V I L   A N D  C O M M E R C I A L  
M A T T E R S  
(16 T H  S E P T E M B E R , 1988)
Interpretation. 29. In this Part of this Act, unless the context otherwise
requires - 
''court'' includes any court or tribunal within the meaning of
Article 25 of the Lugano Convention of 1988;
''judgement'' has the same meaning assigned to it by Article 25 of
the Lugano Convention of 1988.
Scope of 
applicability.
30. Subject to the provisions of this Part of this Act, the
Lugano Convention of 1988 and Protocols 1, 2 and 3, and which
are annexed to the Lugano Convention of 1988, and the English
text of which is set out in Part D of the First Schedule to this Act,
shall have the force of law in Malta. 
Interpretation of 
Convention.
31. In this Part the reference to the Lugano Convention of 1988
shall be deemed to include a reference to the Protocols thereto.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  9
Extension of 
applicability.
32. (1) The Minister may by order extend the applicability of
the provisions of this Part of this Act to those States which may,
from time to time, accede to the Lugano Convention of 1988, and
may prescribe regulations to give effect to the provisions of this
article.
(2) The Minister may moreover by regulations substitute,
amend, add to or delete from the text of the Lugano Convention of
1988 and the Protocols thereto as reproduced in Part D of the First
Schedule to this Act as may be necessary, incidental or
consequential to the accession to the said Convention by Malta or
any other State.
Jurisdiction.
Cap. 12.
33. (1) In so far as there may be any conflict between the
provisions of the Lugano Convention of 1988 and those of the Code
of Organization and Civil Procedure, or any other law in Malta, the
provisions of this Part of this Act and of the Lugano Convention of
1988 shall prevail with regard to the matters regulated by the said
Convention; otherwise, the provisions of the Code of Organization
and Civil Procedure and of any other law shall continue to apply.
(2) Save as is permitted or provided by the Lugano Convention
of 1988, and in particular by Sections 2 to 6 of Title II of the said
Convention, jurisdiction, in matters falling within the scope of the
Convention, shall not be exercised by the courts in Malta over
persons domiciled in another Contracting State, except, however,
that pending the entry into force for Malta of the International
Convention on the Arrest of Sea-Going Ships signed at Brussels on
10th May, 1952, nothing shall affect the jurisdiction of the court of
Malta founded upon or in relation to arrest of ships.
Precautionary acts.
Cap. 12.
34. In accordance with Article 24 of the Lugano Convention of
1988, when any proceedings have been brought, or are likely to be
brought, in another Contracting State in respect of any matter to
which the said Article applies, the court in Malta shall have the
power to make such orders and take such measures, in accordance
with the provisions of the Code of Organization and Civil
Procedure, as if the proceedings had been brought or were likely to
be brought in Malta, and the provisions of the said Code requiring
the filing of any action in Court to enforce the claim safeguarded
by such measures shall be deemed satisfied if such action is
brought before a court having jurisdiction in accordance with the
Convention within the time set out in the Code.
Enforcement of 
judgements.
35. (1) A judgement which, in accordance with Article 31 of
the Lugano Convention of 1988, is enforceable in Malta shall be
registered by the registering court in accordance with the procedure
which may, from time to time, be prescribed. The proceedings shall
be commenced by application before the registering court, which
will proceed to give its decision in accordance with Section II of
the Lugano Convention of 1988.
(2) For the purposes of subarticle (1) - 
''the registering court'' shall mean the Civil Court, First Hall, or
such other court as the Minister may by order designate, for the
purposes of Article 32 of the Lugano Convention of 1988; and
10 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
''prescribed'' means prescribed by rules made by the Minister
under this article.
(3) Where a judgement is registered under this article, the
costs and expenses of its registration shall be recoverable as if they
were sums recoverable under the judgement.
(4) Subject to the provisions of Article 39 of the Lugano
Convention, of this Part of this Act and of any regulations made
thereunder, a judgement registered under this article shall, for the
purposes of its enforcement have the same force and effect, and the
registering court shall have the same powers, and proceedings for
or with respect to its enforcement may be taken, as if the judgement
had been originally given by the registering court.
Appeals.
Cap. 12.
36. An appeal from a decision by the registering court to
register or not to register a judgement shall be to the Court of
Appeal in accordance with the procedure laid down for appeals in
the Code of Organization and Civil Procedure and the provisions of
Title IV of Book Third of the said Code shall apply to such
decisions.
Non-recognition of 
judgements.
37. (1) Subject to the following provisions of this article, a
judgement given by a court of a Contracting State in any
proceedings shall not be recognized and enforced in Malta if -
( a ) the bringing of those proceedings in that court was
contrary to an agreement under which the dispute was
to be settled otherwise than by proceedings in the
courts of that country; and
( b ) those proceedings were not brought in that court by, or
with the agreement of, the person against whom the
judgement was given; and
( c ) that person did not counterclaim in the proceedings or
otherwise submit to the jurisdiction of that court.
(2) The provisions of subarticle (1) shall not apply where the
agreement referred to in paragraph ( a ) of that subarticle was illegal,
void or unenforceable or was incapable of being performed for
reasons not attributable to the fault of the party bringing the
proceedings in which the judgement was given.
(3) Nothing in subarticle (1) shall affect the recognition or
enforcement in Malta of a judgement which is required to be so
recognised or enforced under the provisions of the Lugano
Convention of 1988, as having the force of law in Malta.
Domicile of 
individuals.
38. (1) For the purposes of this Part of this Act, an individual
shall be deemed to be domiciled in Malta if, and only if -
( a ) he is resident in Malta; and
( b ) the nature and the circumstances of his residence
indicate that he has a substantial connection with
Malta.
(2) For the purposes of this Part of this Act, an individual shall
be deemed to be domiciled in a State other than Malta if, and only
if -
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  11
( a ) he is a resident in that State; and
( b ) the nature and circumstances of his residence indicate
that he has a substantial connection with that State.
(3) In the case of an individual who -
( a ) is a resident in Malta or is a resident in a State other
than Malta; and
( b ) has been so resident for the last six months or more 
the requirements of subarticles (1)( b ) and (2)( b ) shall be presumed
to have been fulfilled unless the contrary is proved.
Domicile of body 
corporate or 
association.
39. (1) For the purposes of this Part of this Act, the seat of a
body corporate or association shall be treated as that body
corporate’s or that association’s domicile.
(2) A body corporate or association shall be deemed to have its
seat in Malta if, and only if -
( a ) it is incorporated or formed under the law of Malta and
has its registered office or some other official address
in Malta; or
( b ) its central management and control is exercised in
Malta.
(3) Subject to the provisions of subarticle (4), a body corporate
or association shall be deemed to have its seat in a State other than
Malta if, and only if -
( a )  it was incorporated or formed under the law of that
State and has its registered office or other official
address there; or
( b ) its central management and control is exercised in that
State.
(4) A body corporate or association shall not be deemed as
having its seat in a Contracting State other than Malta if it is shown
that the courts of that State would not regard it as having its seat
there.
(5) In this article -
''association'' means any unincorporated body of persons;
''body corporate'' means any entity having a legal personality
distinct from that of its members;
''official address'', in relation to a body corporate or association,
means an address which it is required by law to register, notify or
maintain for the purpose of receiving notices or other
communications:
Provided that where the law of Malta or of the State
concerned does not require the registration, notification or
maintenance of any such address, the reference in this article to an
official address shall be deemed not to have been made.
Domicile of Trusts.
Cap. 331.
40. For the purposes of this Part of this Act, a trust shall be
deemed to be domiciled in Malta if it is registered in Malta under
the Trusts Act or if Maltese law is the system of law with which the
12 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
trust has its closest and most real connection.
P A R T  VI
G E N E R A L  P R O V I S I O N S
Regulations. 41. (1) The Minister may make regulations prescribing
anything that in virtue of this Act is required to be prescribed and
generally for carrying out the provisions of this Act.
(2) Without prejudice to the generality of subarticle (1),
regulations may, in particular, be made to establish the criteria to
be applied by the central authority in determining the costs incurred
by it in accordance with the provisions of article 14.
(3) Without prejudice to the generality of subarticle (1), such
regulations may,  mutatis mutandis , make provision with respect to
the procedure on applications to a court under any provision of Part
V of this Act and with respect to the documents and information to
be furnished and the notices to be given in connection with any
such application.
Conflict between 
texts.
42. In the First, Second and Fourth Schedules to this Act,
should there be any conflict between the English and the Maltese
texts, the English text shall prevail.
Ratification of 
Conventions.
43. By virtue of this Act, the Government of Malta is hereby
authorised to ratify all or any of the Conventions. 
Consequential 
amendments.
44. The enactments in the First Column in the Fifth Schedule
to this Act shall have effect subject to the amendments appearing
relative thereto in the Second Column of the said Schedule.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  13
SCHEDULES
FIRST SCHEDULE
(Articles 2, 30, 32 and 42)
Part A
THE HAGUE CONVENTION ON THE SERVICE ABROAD OF JUDICIAL AND 
EXTRAJUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS
(15 November, 1965)
The States signatory to the present Convention,
Desiring to create appropriate means to ensure that judicial and extrajudicial
documents to be served abroad shall be brought to the notice of the addressee in
sufficient time,
Desiring to improve the organisation of mutual judicial assistance for that purpose
by simplifying and expediting the procedure,
Have resolved to conclude a Convention to this effect and have agreed upon the
following provisions:
Article 1
The present Convention shall apply in all cases, in civil or commercial matters,
where there is occasion to transmit a judicial or extrajudicial document for service
abroad.
This Convention shall not apply where the address of the person to be served with
the document is not known.
CHAPTER I 
JUDICIAL DOCUMENTS
Article 2
Each Contracting State shall designate a Central Authority which will undertake to
receive requests for service coming from other Contracting States and to proceed in
conformity with the provisions of Articles 3 to 6.
Each State shall organise the Central Authority in conformity with its own law.
Article 3
The authority or judicial officer competent under the law of the State in which the
documents originate shall forward to the Central Authority of the State addressed a
request conforming to the model annexed to the present Convention, without any
requirement of legalisation or other equivalent formality.
The document to be served or a copy thereof shall be annexed to the request. The
request and the document shall both be furnished in duplicate.
Article 4
If the Central Authority considers that the request does not comply with the
14 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
provisions of the present Convention it shall promptly inform the applicant and
specify its objections to the request.
Article 5
The Central Authority of the State addressed shall itself serve the document or
shall arrange to have it served by an appropriate agency, either -
(a) by a method prescribed by its internal law for the service of
documents in domestic actions upon persons who are within its territory, or
(b) by a particular method requested by the applicant, unless such a
method is incompatible with the law of the State addressed.
Subject to sub-paragraph (b) of the first paragraph of this Article, the document
may always be served by delivery to an addressee who accepts it voluntarily.
If the document is to be served under the first paragraph above, the Central
Authority may require the document to be written in, or translated into, the official
language or one of the official languages of the State addressed.
That part of the request, in the form attached to the present Convention, which
contains a summary of the document to be served, shall be served with the
document.
Article 6
The Central Authority of the State addressed or any authority which it may have
designated for that purpose, shall complete a certificate in the form of the model
annexed to the present Convention.
The certificate shall state that the document has been served and shall include the
method, the place and the date of service and the person to whom the document was
delivered. If the document has not been served, the certificate shall set out the
reasons which have prevented service.
The applicant may require that a certificate not completed by a Central Authority
or by a judicial authority shall be countersigned by one of these authorities.
The certificate shall be forwarded directly to the applicant.
Article 7
The standard terms in the model annexed to the present Convention shall in all
cases be written either in French or in English. They may also be written in the
official language, or in one of the official languages, of the State in which the
documents originate.
The corresponding blanks shall be completed either in the language of the State
addressed or in French or in English.
Article 8
Each Contracting State shall be free to effect service of judicial documents upon
persons abroad, without application of any compulsion, directly through its
diplomatic or consular agents.
Any State may declare that it is opposed to such service within its territory, unless
the document is to be served upon a national of the State in which the documents
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  15
originate.
Article 9
Each Contracting State shall be free, in addition, to use consular channels to
forward documents, for the purpose of service, to those authorities of another
Contracting State which are designated by the latter for this purpose.
Each Contracting State may, if exceptional circumstances so require, use
diplomatic channels for the same purpose.
Article 10
Provided the State of destination does not object, the present Convention shall not
interfere with -
(a) the freedom to send judicial documents, by postal channels,
directly to persons abroad,
(b) the freedom of judicial officers, officials or other competent
persons of the State of origin to effect service of judicial documents directly
through the judicial officers, officials or other competent persons of the State of
destination,
(c) the freedom of any person interested in a judicial proceeding to
effect service of judicial documents directly through the judicial officers,
officials or other competent persons of the State of destination.
Article 11
The present Convention shall not prevent two or more Contracting States from
agreeing to permit, for the purpose of service of judicial documents, channels of
transmission other than those provided for in the preceding Articles and, in
particular, direct communication between their respective authorities.
Article 12
The service of judicial documents coming from a Contracting State shall not give
rise to any payment or reimbursement of taxes or costs for the services rendered by
the State addressed.
The applicant shall pay or reimburse the costs occasioned by -
(a) the employment of a judicial officer or of a person competent
under the law of the State of destination,
(b) the use of a particular method of service.
Article 13
Where a request for service complies with the terms of the present Convention, the
State addressed may refuse to comply therewith only if it deems that compliance
would infringe its sovereignty or security.
It may not refuse to comply solely on the ground that, under its internal law, it
claims exclusive jurisdiction over the subject-matter of the action or that its internal
law would not permit the action upon which the application is based.
16 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
The Central Authority shall, in case of refusal, promptly inform the applicant and
state the reasons for the refusal.
Article 14
Difficulties which may arise in connection with the transmission of judicial
documents for service shall be settled through diplomatic channels.
Article 15
Where a writ of summons or an equivalent document had to be transmitted abroad
for the purpose of service, under the provisions of the present Convention, and the
defendant has not appeared, judgment shall not be given until it is established that -
(a) the document was served by a method prescribed by the internal
law of the State addressed for the service of documents in domestic actions upon
persons who are within its territory, or
(b) the document was actually delivered to the defendant or to his
residence by another method provided for by this Convention,
and that in either of these cases the service or the delivery was effected in
sufficient time to enable the defendant to defend.
Each Contracting State shall be free to declare that the judge, notwithstanding the
provisions of the first paragraph of this Article, may give judgment even if no
certificate of service or delivery has been received, if all the following conditions are
fulfilled -
(a) the document was transmitted by one of the methods provided for
in this Convention,
(b) a period of time of not less than six months, considered adequate
by the judge in the particular case, has elapsed since the date of the transmission
of the document,
(c) no certificate of any kind has been received, even though every
reasonable effort has been made to obtain it through the competent authorities of
the State addressed.
Notwithstanding the provisions of the preceding paragraphs the judge may order,
in case of urgency, any provisional or protective measures.
Article 16
When a writ of summons or an equivalent document had to be transmitted abroad
for the purpose of service, under the provisions of the present Convention, and a
judgment has been entered against a defendant who has not appeared, the judge shall
have the power to relieve the defendant from the effects of the expiration of the time
for appeal from the judgment if the following conditions are fulfilled -
(a) the defendant, without any fault on his part, did not have
knowledge of the document in sufficient time to defend, or knowledge of the
judgment in sufficient time to appeal, and
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  17
(b) the defendant has disclosed a prima facie defence to the action on
the merits.
An application for relief may be filed only within a reasonable time after the
defendant has knowledge of the judgment.
Each Contracting State may declare that the application will not be entertained if
it is filed after the expiration of a time to be stated in the declaration, but which shall
in no case be less than one year following the date of the judgment.
This Article shall not apply to judgments concerning status or capacity of persons.
CHAPTER II 
EXTRAJUDICIAL DOCUMENTS
Article 17
Extrajudicial documents emanating from authorities and judicial officers of a
Contracting State may be transmitted for the purpose of service in another
Contracting State by the methods and under the provisions of the present
Convention.
CHAPTER III 
GENERAL CLAUSES
Article 18
Each Contracting State may designate other authorities in addition to the Central
Authority and shall determine the extent of their competence.
The applicant shall, however, in all cases, have the right to address a request
directly to the Central Authority.
Federal States shall be free to designate more than one Central Authority.
Article 19
To the extent that the internal law of a Contracting State permits methods of
transmission, other than those provided for in the preceding Articles, of documents
coming from abroad, for service within its territory, the present Convention shall not
affect such provisions.
Article 20
The present Convention shall not prevent an agreement between any two or more
Contracting States to dispense with -
(a) the necessity for duplicate copies of transmitted documents as
required by the second paragraph of Article 3,
(b) the language requirements of the third paragraph of Article 5 and
Article 7,
(c) the provisions of the fourth paragraph of Article 5,
(d) the provisions of the second paragraph of Article 12.
18 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Article 21
Each Contracting State shall, at the time of the deposit of its instrument of
ratification or accession, or at a later date, inform the Ministry of Foreign Affairs of
the Netherlands of the following -
(a) the designation of authorities, pursuant to Articles 2 and 18,
(b) the designation of the authority competent to complete the
certificate pursuant to Article 6,
(c) the designation of the authority competent to receive documents
transmitted by consular channels, pursuant to Article 9.
Each Contracting State shall similarly inform the Ministry, where appropriate, of -
(a) opposition to the use of methods of transmission pursuant to
Articles 8 and 10,
(b) declarations pursuant to the second paragraph of Article 15 and the
third paragraph of Article 16,
(c) all modifications of the above designations, oppositions and
declarations.
Article 22
Where Parties to the present Convention are also Parties to one or both of the
Conventions on civil procedure signed at The Hague on 17th July 1905, and on 1st
March 1954, this Convention shall replace as between them Articles 1 to 7 of the
earlier Conventions.
Article 23
The present Convention shall not affect the application of Article 23 of the
Convention on civil procedure signed at The Hague on 17th July 1905, or of Article
24 of the Convention on civil procedure signed at the Hague on 1st March 1954.
These Articles shall, however, apply only if methods of communication, identical
to those provided for in these Conventions, are used.
Article 24
Supplementary agreements between Parties to the Conventions of 1905 and 1954
shall be considered as equally applicable to the present Convention, unless the
Parties have otherwise agreed.
Article 25
Without prejudice to the provisions of Articles 22 and 24, the present Convention
shall not derogate from Conventions containing provisions on the matters governed
by this Convention to which the Contracting States are, or shall become, Parties.
Article 26
The present Convention shall be open for signature by the States represented at the
Tenth Session of the Hague Conference on Private International Law.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  19
It shall be ratified, and the instruments of ratification shall be deposited with the
Ministry of Foreign Affairs of the Netherlands.
Article 27
The present Convention shall enter into force on the sixtieth day after the deposit
of the third instrument of ratification referred to in the second paragraph of Article
26.
The Convention shall enter into force for each signatory State which ratifies
subsequently on the sixtieth day after the deposit of its instrument of ratification.
Article 28
Any State not represented at the Tenth Session of the Hague Conference on
Private International Law may accede to the present Convention after it has entered
into force in accordance with the first paragraph of Article 27. The instrument of
accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands.
The Convention shall enter into force for such a State in the absence of any
objection from a State, which has ratified the Convention before such deposit,
notified to the Ministry of Foreign Affairs of the Netherlands within a period of six
months after the date on which the said Ministry has notified it of such accession.
In the absence of any such objection, the Convention shall enter into force for the
acceding State on the first day of the month following the expiration of the last of the
periods referred to in the preceding paragraph.
Article 29
Any State may, at the time of signature, ratification or accession, declare that the
present Convention shall extend to all the territories for the international relations of
which it is responsible, or to one or more of them. Such a declaration shall take
effect on the date of entry into force of the Convention for the State concerned.
At any time thereafter, such extensions shall be notified to the Ministry of Foreign
Affairs of the Netherlands.
The Convention shall enter into force for the territories mentioned in such an
extension on the sixtieth day after the notification referred to in the preceding
paragraph.
Article 30
The present Convention shall remain in force for five years from the date of its
entry into force in accordance with the first paragraph of Article 27, even for States
which have ratified it or acceded to it subsequently.
If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the
Netherlands at least six months before the end of the five year period.
It may be limited to certain of the territories to which the Convention applies.
The denunciation shall have effect only as regards the State which has notified it.
The Convention shall remain in force for the other Contracting States.
Article 31
The Ministry of Foreign Affairs of the Netherlands shall give notice to the States
20 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
referred to in Article 26, and to the States which have acceded in accordance with
Article 28, of the following -
(a) the signatures and ratifications referred to in Article 26;
(b) the date on which the present Convention enters into force in
accordance with the first paragraph of Article 27;
(c) the accessions referred to in Article 28 and the dates on which they
take effect;
(d) the extensions referred to in Article 29 and the dates on which they
take effect;
(e) the designations, oppositions and declarations referred to in Article
21;
(f) the denunciations referred to in the third paragraph of Article 30.
In witness whereof the undersigned, being duly authorised thereto, have signed the
present Convention.
Done at The Hague, on the 15th day of November, 1965, in the English and French
languages, both texts being equally authentic, in a single copy which shall be
deposited in the archives of the Government of the Netherlands, and of which a
certified copy shall be sent, through the diplomatic channel, to each of the States
represented at the Tenth Session of the Hague Conference on Private International
Law.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  21
FORMS
(REQUEST AND CERTIFICATE)
SUMMARY OF THE DOCUMENT TO BE SERVED
(Annexes provided for Articles 3, 5, 6 and 7)
ANNEX TO THE CONVENTION
Forms
REQUEST FOR SERVICE ABROAD OF 
JUDICIAL OR EXTRAJUDICIAL DOCUMENTS
Convention on the Service Abroad of Judicial and 
Extrajudicial Documents in Civil or Commercial Matters, 
signed at The Hague, on the 15th of November 1965.
The undersigned applicant has the honour to transmit - in duplicate - the
documents listed below and, in conformity with Article 5 of the above-mentioned
Convention, requests prompt service of one copy thereof on the addressee, i.e,
(identity and address)
...……………………………….....……………………………………………
……………………………………….....………………………………………
(a) in accordance with the provisions of sub-paragraph (a) of the first
paragraph of Article 5 of the Convention*.
(b) in accordance with the following particular method (sub-paragraph
(b) of the first paragraph of Article 5)*:
...……………………………….....……………………………………………
……………………………………….....………………………………………
(c) by delivery to the addressee, if he accepts it voluntarily (second
paragraph of Article 5)*.
The authority is requested to return or to have returned to the applicant a copy of
the documents - and of the annexes* - with a certificate as provided on the reverse
side.
List of documents
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
Done at .........................., the ........................
Signature and/or stamp.
* Delete if inappropriate.
Identity and address
of the applicant
Address of receiving
authority
22 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Part B
CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN 
CIVIL OR COMMERCIAL MATTERS 
(18 March, 1970)
Preamble
The States signatory to the present Convention,
Desiring to facilitate the transmission and execution of Letters of Request and to
further the accommodation of the different methods which they use for this purpose,
Desiring to improve mutual judicial co-operation in civil or commercial matters,
Have resolved to conclude a Convention to this effect and have agreed upon the
following provisions:
CHAPTER I 
LETTERS OF REQUEST
Article 1
In civil or commercial matters a judicial authority of a Contracting State may, in
accordance with the provisions of the law of that State, request the competent
authority of another Contracting State, by means of a Letter of Request, to obtain
evidence, or to perform some other judicial act.
A Letter shall not be used to obtain evidence which is not intended for use in
judicial proceedings, commenced or contemplated.
The expression "other judicial act" does not cover the service of judicial
documents or the issuance of any process by which judgments or orders are executed
or enforced, or orders for provisional or protective measures.
Article 2
A Contracting State shall designate a Central Authority which will undertake to
receive Letters of Request coming from a judicial authority of another Contracting
State and to transmit them to the authority competent to execute them. Each State
shall organize the Central Authority in accordance with its own law.
Letters shall be sent to the Central Authority of the State of execution without
being transmitted through any other authority of that State.
Article 3
A Letter of Request shall specify -
(a) the authority requesting its execution and the authority requested
to execute it, if known to the requesting authority;
(b) the names and addresses of the parties to the proceedings and their
representatives, if any;
(c) the nature of the proceedings for which the evidence is required,
giving all necessary information in regard thereto;
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  23
(d) the evidence to be obtained or other judicial act to be performed.
Where appropriate, the Letter shall specify, inter alia -
(e) the names and addresses of the persons to be examined;
(f) the questions to be put to the persons to be examined or a statement
of the subject-matter about which they are to be examined;
(g) the documents or other property, real or personal, to be inspected;
(h) any requirement that the evidence is to be given on oath or
affirmation, and any special form to be used;
(i) any special method or procedure to be followed under Article 9.
A Letter may also mention any information necessary for the application of
Article 11.
No legalization or other like formality may be required.
Article 4
A Letter of Request shall be in the language of the authority requested to execute
it or be accompanied by a translation into that language.
Nevertheless, a Contracting State shall accept a Letter in either English or French,
or a translation into one of these languages, unless it has made the reservation
authorized by Article 33.
A Contracting State which has more than one official language and cannot, for
reasons of internal law, accept Letters in one of these languages for the whole of its
territory, shall, by declaration, specify the language in which the Letter or translation
thereof shall be expressed for execution in the specified parts of its territory. In case
of failure to comply with this declaration, without justifiable excuse, the costs of
translation into the required language shall be borne by the State of origin.
A Contracting State may, by declaration, specify the language or languages other
than those referred to in the preceding paragraphs, in which a Letter may be sent to
its Central Authority.
Any translation accompanying a Letter shall be certified as correct, either by a
diplomatic officer or consular agent or by a sworn translator or by any other person
so authorized in either State.
Article 5
If the Central Authority considers that the request does not comply with the
provisions of the present Convention, it shall promptly inform the authority of the
State of origin which transmitted the Letter of Request, specifying the objections to
the Letter.
Article 6
If the authority to whom a Letter of Request has been transmitted is not competent
to execute it, the Letter shall be sent forthwith to the authority in the same State
which is competent to execute it in accordance with the provisions of its own law.
24 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Article 7
The requesting authority shall, if it so desires, be informed of the time when, and
the place where, the proceedings will take place, in order that the parties concerned,
and their representatives, if any, may be present. This information shall be sent
directly to the parties or their representatives when the authority of the State of
origin so requests.
Article 8
A Contracting State may declare that members of the judicial personnel of the
requesting authority of another Contracting State may be present at the execution of
a Letter of Request. Prior authorization by the competent authority designated by the
declaring State may be required.
Article 9
The judicial authority which executes a Letter of Request shall apply its own law
as to the methods and procedures to be followed.
However, it will follow a request of the requesting authority that a special method
or procedure be followed, unless this is incompatible with the internal law of the
State of execution or is impossible of performance by reason of its internal practice
and procedure or by reason of practical difficulties.
A Letter of Request shall be executed expeditiously.
Article 10
In executing a Letter of Request the requested authority shall apply the
appropriate measures of compulsion in the instances and to the same extent as are
provided by its internal law for the execution of orders issued by the authorities of
its own country or of requests made by parties in internal proceedings.
Article 11
In the execution of a Letter of Request the person concerned may refuse to give
evidence in so far as he has a privilege or duty to refuse to give the evidence -
(a) under the law of the State of execution; or
(b) under the law of the State of origin, and the privilege or duty has
been specified in the Letter, or, at the instance of the requested authority, has
been otherwise confirmed to that authority by the requesting authority.
A Contracting State may declare that, in addition, it will respect privileges and
duties existing under the law of States other than the State of origin and the State of
execution, to the extent specified in that declaration.
Article 12
The execution of a Letter of Request may be refused only to the extent that -
(a) in the State of execution the execution of the Letter does not fall
within the functions of the judiciary; or
(b) the State addressed considers that its sovereignty or security would
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  25
be prejudiced thereby.
Execution may not be refused solely on the ground that under its internal law the
State of execution claims exclusive jurisdiction over the subject-matter of the action
or that its internal law would not admit a right of action on it.
Article 13
The documents establishing the execution of the Letter of Request shall be sent by
the requested authority to the requesting authority by the same channel which was
used by the latter.
In every instance where the Letter is not executed in whole or in part, the
requesting authority shall be informed immediately through the same channel and
advised of the reasons.
Article 14
The execution of the Letter of Request shall not give rise to any reimbursement of
taxes or costs of any nature.
Nevertheless, the State of execution has the right to require the State of origin to
reimburse the fees paid to experts and interpreters and the costs occasioned by the
use of a special procedure requested by the State of origin under Article 9, paragraph
2.
The requested authority whose law obliges the parties themselves to secure
evidence, and which is not able itself to execute the Letter, may, after having
obtained the consent of the requesting authority, appoint a suitable person to do so.
When seeking this consent the requested authority shall indicate the approximate
costs which would result from this procedure. If the requesting authority gives its
consent it shall reimburse any costs incurred; without such consent the requesting
authority shall not be liable for the costs.
CHAPTER II 
TAKING OF EVIDENCE BY DIPLOMATIC OFFICERS, CONSULAR AGENTS 
AND COMMISSIONERS
Article 15
In civil or commercial matters, a diplomatic officer or consular agent of a
Contracting State may, in the territory of another Contracting State and within the
area where he exercises his functions, take the evidence without compulsion of
nationals of a State which he represents in aid of proceedings commenced in the
courts of a State which he represents.
A Contracting State may declare that evidence may be taken by a diplomatic
officer or consular agent only if permission to that effect is given upon application
made by him or on his behalf to the appropriate authority designated by the declaring
State.
Article 16
A diplomatic officer or consular agent of a Contracting State may, in the territory
of another Contracting State and within the area where he exercises his functions,
also take the evidence, without compulsion, of nationals of the State in which he
exercises his functions or of a third State, in aid of proceedings commenced in the
26 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
courts of a State which he represents, if -
(a) a competent authority designated by the State in which he
exercises his functions has given its permission either generally or in the
particular case, and
(b) he complies with the conditions which the competent authority has
specified in the permission.
A Contracting State may declare that evidence may be taken under this Article
without its prior permission.
Article 17
In civil or commercial matters, a person duly appointed as a commissioner for the
purpose may, without compulsion, take evidence in the territory of a Contracting
State in aid of proceedings commenced in the courts of another Contracting State, if
-
(a) a competent authority designated by the State where the evidence
is to be taken has given its permission either generally or in the particular case;
and
(b) he complies with the conditions which the competent authority has
specified in the permission.
A Contracting State may declare that evidence may be taken under this Article
without its prior permission.
Article 18
A Contracting State may declare that a diplomatic officer, consular agent or
commissioner authorized to take evidence under Articles 15, 16 or 17, may apply to
the competent authority designated by the declaring State for appropriate assistance
to obtain the evidence by compulsion. The declaration may contain such conditions
as the declaring State may see fit to impose.
If the authority grants the application it shall apply any measures of compulsion
which are appropriate and are prescribed by its law for use in internal proceedings.
Article 19
The competent authority, in giving the permission referred to in Articles 15, 16 or
17, or in granting the application referred to in Article 18, may lay down such
conditions as it deems fit, inter alia, as to the time and place of the taking of the
evidence. Similarly it may require that it be given reasonable advance notice of the
time, date and place of the taking of the evidence; in such a case a representative of
the authority shall be entitled to be present at the taking of the evidence.
Article 20
In the taking of evidence under any Article of this Chapter persons concerned may
be legally represented.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  27
Article 21
Where a diplomatic officer, consular agent or commissioner is authorized under
Articles 15, 16 or 17 to take evidence -
(a) he may take all kinds of evidence which are not incompatible with
the law of the State where the evidence is taken or contrary to any permission
granted pursuant to the above Articles, and shall have power within such limits
to administer an oath or take an affirmation;
(b) a request to a person to appear or to give evidence shall, unless the
recipient is a national of the State where the action is pending, be drawn up in the
language of the place where the evidence is taken or be accompanied by a
translation into such language;
(c) the request shall inform the person that he may be legally
represented and, in any State that has not filed a declaration under Article 18,
shall also inform him that he is not compelled to appear or to give evidence;
(d) the evidence may be taken in the manner provided by the law
applicable to the court in which the action is pending provided that such manner
is not forbidden by the law of the State where the evidence is taken;
(e) a person requested to give evidence may invoke the privileges and
duties to refuse to give the evidence contained in Article 11.
Article 22
The fact that an attempt to take evidence under the procedure laid down in this
Chapter has failed, owing to the refusal of a person to give evidence, shall not
prevent an application being subsequently made to take the evidence in accordance
with Chapter I.
CHAPTER III 
GENERAL CLAUSES
Article 23
A Contracting State may at the time of signature, ratification or accession, declare
that it will not execute Letters of Request issued for the purpose of obtaining pre-
trial discovery of documents as known in Common Law countries.
Article 24
A Contracting State may designate other authorities in addition to the Central
Authority and shall determine the extent of their competence. However, Letters of
Request may in all cases be sent to the Central Authority.
Federal States shall be free to designate more than one Central Authority.
Article 25
A Contracting State which has more than one legal system may designate the
authorities of one of such systems, which shall have exclusive competence to
execute Letters of Request pursuant to this Convention.
28 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Article 26
A Contracting State, if required to do so because of constitutional limitations, may
request the reimbursement by the State of origin of fees and costs, in connection
with the execution of Letters of Request, for the service of process necessary to
compel the appearance of a person to give evidence, the costs of attendance of such
persons, and the cost of any transcript of the evidence.
Where a State has made a request pursuant to the above paragraph, any other
Contracting State may request from that State the reimbursement of similar fees and
costs.
Article 27
The provisions of the present Convention shall not prevent a Contracting State
from -
(a) declaring that Letters of Request may be transmitted to its judicial
authorities through channels other than those provided for in Article 2;
(b) permitting, by internal law or practice, any act provided for in this
Convention to be performed upon less restrictive conditions;
(c) permitting, by internal law or practice, methods of taking evidence
other than those provided for in this Convention.
Article 28
The present Convention shall not prevent an agreement between any two or more
Contracting States to derogate from -
(a) the provisions of Article 2 with respect to methods of transmitting
Letters of Request;
(b) the provisions of Article 4 with respect to the languages which
may be used;
(c) the provisions of Article 8 with respect to the presence of judicial
personnel at the execution of Letters;
(d) the provisions of Article 11 with respect to the privileges and
duties of witnesses to refuse to give evidence;
(e) the provisions of Article 13 with respect to the methods of
returning executed Letters to the requesting authority;
(f) the provisions of Article 14 with respect to fees and costs;
(g) the provisions of Chapter II.
Article 29
Between Parties to the present Convention who are also Parties to one or both of
the Conventions on Civil Procedure signed at The Hague on the 17th of July 1905
and the 1st of March 1954, this Convention shall replace Articles 8 - 16 of the earlier
Conventions.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  29
Article 30
The present Convention shall not affect the application of Article 23 of the
Convention of 1905, or of Article 24 of the Convention of 1954.
Article 31
Supplementary Agreements between Parties to the Conventions of 1905 and 1954
shall be considered as equally applicable to the present Convention unless the Parties
have otherwise agreed.
Article 32
Without prejudice to the provisions of Articles 29 and 31, the present Convention
shall not derogate from conventions containing provisions on the matters covered by
this Convention to which the Contracting States are, or shall become Parties.
Article 33
A State may, at the time of signature, ratification or accession exclude, in whole or
in part, the application of the provisions of paragraph 2 of Article 4 and of Chapter
II. No other reservation shall be permitted.
Each Contracting State may at any time withdraw a reservation it has made; the
reservation shall cease to have effect on the sixtieth day after notification of the
withdrawal.
When a State has made a reservation, any other State affected thereby may apply
the same rule against the reserving State.
Article 34
A State may at any time withdraw or modify a declaration.
Article 35
A Contracting State shall, at the time of the deposit of its instrument of ratification
or accession, or at a later date, inform the Ministry of Foreign Affairs of the
Netherlands of the designation of authorities, pursuant to Articles 2, 8, 24 and 25.
A Contracting State shall likewise inform the Ministry, where appropriate, of the
following -
(a) the designation of the authorities to whom notice must be given,
whose permission may be required, and whose assistance may be invoked in the
taking of evidence by diplomatic officers and consular agents, pursuant to
Articles 15, 16 and 18 respectively;
(b) the designation of the authorities whose permission may be
required in the taking of evidence by commissioners pursuant to Article 17 and
of those who may grant the assistance provided for in Article 18;
(c) declarations pursuant to Articles 4, 8, 11, 15, 16, 17, 18, 23 and 27;
(d) any withdrawal or modification of the above designations and
30 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
declarations;
(e) the withdrawal of any reservation.
Article 36
Any difficulties which may arise between Contracting States in connection with
the operation of this Convention shall be settled through diplomatic channels.
Article 37
The present Convention shall be open for signature by the States represented at the
Eleventh Session of the Hague Conference on Private International Law.
It shall be ratified, and the instruments of ratification shall be deposited with the
Ministry of Foreign Affairs of the Netherlands.
Article 38
The present Convention shall enter into force on the sixtieth day after the deposit
of the third instrument of ratification referred to in the second paragraph of Article
37.
The Convention shall enter into force for each signatory State which ratifies
subsequently on the sixtieth day after the deposit of its instrument of ratification.
Article 39
Any State not represented at the Eleventh Session of the Hague Conference on
Private International Law which is a Member of this Conference or of the United
Nations or of a specialized agency of that Organization, or a Party to the Statute of
the International Court of Justice may accede to the present Convention after it has
entered into force in accordance with the first paragraph of Article 38.
The instrument of accession shall be deposited with the Ministry of Foreign
Affairs of the Netherlands.
The Convention shall enter into force for a State acceding to it on the sixtieth day
after the deposit of its instrument of accession.
The accession will have effect only as regards the relations between the acceding
State and such Contracting States as will have declared their acceptance of the
accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of
the Netherlands; this Ministry shall forward, through diplomatic channels, a certified
copy to each of the Contracting States.
The Convention will enter into force as between the acceding State and the State
that has declared its acceptance of the accession on the sixtieth day after the deposit
of the declaration of acceptance.
Article 40
Any State may, at the time of signature, ratification or accession, declare that the
present Convention shall extend to all the territories for the international relations of
which it is responsible, or to one or more of them. Such a declaration shall take
effect on the date of entry into force of the Convention for the State concerned.
At any time thereafter, such extensions shall be notified to the Ministry of Foreign
Affairs of the Netherlands.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  31
The Convention shall enter into force for the territories mentioned in such an
extension on the sixtieth day after the notification indicated in the preceding
paragraph.
Article 41
The present Convention shall remain in force for five years from the date of its
entry into force in accordance with the first paragraph of Article 38, even for States
which have ratified it or acceded to it subsequently.
If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the
Netherlands at least six months before the end of the five year period.
It may be limited to certain of the territories to which the Convention applies.
The denunciation shall have effect only as regards the State which has notified it.
The Convention shall remain in force for the other Contracting States.
Article 42
The Ministry of Foreign Affairs of the Netherlands shall give notice to the States
referred to in Article 37, and to the States which have acceded in accordance with
Article 39, of the following -
(a) the signatures and ratifications referred to in Article 37;
(b) the date on which the present Convention enters into force in
accordance with the first paragraph of Article 38;
(c) the accessions referred to in Article 39 and the dates on which they
take effect;
(d) the extensions referred to in Article 40 and the dates on which they
take effect;
(e) the designations, reservations and declarations referred to in
Articles 33 and 35;
(f) the denunciations referred to in the third paragraph of Article 41.
In witness whereof the undersigned, being duly authorized thereto, have signed
the present Convention.
Done at The Hague, on the 18th day of March, 1970, in the English and French
languages, both texts being equally authentic, in a single copy which shall be
deposited in the archives of the Government of the Netherlands, and of which a
certified copy shall be sent, through the diplomatic channel, to each of the States
represented at the Eleventh Session of the Hague Conference on Private
International Law.
32 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Part C
THE HAGUE CONVENTION ON INTERNATIONAL ACCESS TO JUSTICE
(25 October, 1980)
The States signatory to this Convention,
Desiring to facilitate international access to justice,
Have resolved to conclude a Convention for this purpose and have agreed upon the
following provisions -
CHAPTER I
LEGAL AID
Article 1
Nationals of any Contracting State and persons habitually resident in any
Contracting State shall be entitled to legal aid for court proceedings in civil and
commercial matters in each Contracting State on the same conditions as if they
themselves were nationals of and habitually resident in that State.
Persons to whom paragraph 1 does not apply, but who formerly had their habitual
residence in a Contracting State in which court proceedings are to be or have been
commenced, shall nevertheless be entitled to legal aid as provided by paragraph 1 if
the cause of action arose out of their former habitual residence in that State.
In States where legal aid is provided in administrative, social or fiscal matters, the
provisions of this Article shall apply to cases brought before the courts or tribunals
competent in such matters.
Article 2
Article 1 shall apply to legal advice provided the person seeking advice is present
in the State where advice is sought.
Article 3
Each Contracting State shall designate a Central Authority to receive, and take
action on, applications for legal aid submitted under this Convention.
Federal States and States which have more than one legal system may designate
more than one Central Authority. If the Central Authority to which an application is
submitted is not competent to deal with it, it shall forward the application to
whichever other Central Authority in the same Contracting State is competent to do
so.
Article 4
Each Contracting State shall designate one or more transmitting authorities for the
purpose of forwarding applications for legal aid to the appropriate Central Authority
in the requested State.
Applications for legal aid shall be transmitted, without the intervention of any
other authority, in the form of the model annexed to this Convention.
Nothing in this Article shall prevent an application from being submitted through
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  33
diplomatic channels.
Article 5
Where the applicant for legal aid is not present in the requested State, he may
submit his application to a transmitting authority in the Contracting State where he
has his habitual residence, without prejudice to any other means open to him of
submitting his application to the competent authority in the requested State.
The application shall be in the form of the model annexed to this Convention and
shall be accompanied by any necessary documents, without prejudice to the right of
the requested State to require further information or documents in appropriate cases.
Any Contracting State may declare that its receiving Central Authority will accept
applications submitted by other channels or methods.
Article 6
The transmitting authority shall assist the applicant in ensuring that the
application is accompanied by all the information and documents known by it to be
necessary for consideration of the application. It shall ensure that formal
requirements are met.
If it appears to the transmitting authority that the application is manifestly
unfounded, it may refuse to transmit the application.
It shall assist the applicant in obtaining without charge a translation of the
documents where such assistance is appropriate.
It shall reply to requests for further information from the receiving Central
Authority in the requested State.
Article 7
The application, the supporting documents and any communications in response to
requests for further information shall be in the official language or in one of the
official languages of the requested State or be accompanied by a translation into one
of those languages.
However, where in the requesting State it is not feasible to obtain a translation
into the language of the requested State, the latter shall accept the documents in
either English or French, or the documents accompanied by a translation into one of
those languages.
Communications emanating from the receiving Central Authority may be drawn
up in the official language or one of the official languages of the requested State or
in English or French. However, where the application forwarded by the transmitting
authority is in either English or French, or is accompanied by a translation into one
of those languages, communications emanating from the receiving Central Authority
shall also be in one of those languages.
The costs of translation arising from the application of the preceding paragraphs
shall be borne by the requesting State, except that any translations made in the
requested State shall not give rise to any claim for reimbursement on the part of that
State.
Article 8
The receiving Central Authority shall determine the application or shall take such
steps as are necessary to obtain its determination by a competent authority in the
34 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
requested State.
The receiving Central Authority shall transmit requests for further information to
the transmitting authority and shall inform it of any difficulty relating to the
examination of the application and of the decision taken.
Article 9
Where the applicant for legal aid does not reside in a Contracting State, he may
submit his application through consular channels, without prejudice to any other
means open to him of submitting his application to the competent authority in the
requested State.
Any Contracting State may declare that its receiving Central Authority will accept
applications submitted by other channels or methods.
Article 10
All documents forwarded under this Chapter shall be exempt from legalization or
any analogous formality.
Article 11
No charges shall be made for the transmission, reception or determination of
applications for legal aid under this Chapter.
Article 12
Applications for legal aid shall be handled expeditiously.
Article 13
Where legal aid has been granted in accordance with Article 1, service of
documents in any other Contracting State in pursuance of the legally aided person’s
proceedings shall not give rise to any charges regardless of the manner in which
service is effected. The same applies to Letters of Request and social enquiry
reports, except for fees paid to experts and interpreters.
Where a person has received legal aid in accordance with Article 1 for
proceedings in a Contracting State and a decision has been given in those
proceedings, he shall, without any further examination of his circumstances, be
entitled to legal aid in any other Contracting State in which he seeks to secure the
recognition or enforcement of that decision.
CHAPTER II 
SECURITY FOR COSTS AND ENFORCEABILITY OF ORDERS FOR COSTS
Article 14
No security, bond or deposit of any kind may be required, by reason only of their
foreign nationality or of their not being domiciled or resident in the State in which
proceedings are commenced, from persons (including legal persons) habitually
resident in a Contracting State who are plaintiffs or parties intervening in
proceedings before the courts or tribunals of another Contracting State.
The same rule shall apply to any payment required of plaintiffs or intervening
parties as security for court fees.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  35
Article 15
An order for payment of costs and expenses of proceedings, made in one of the
Contracting States against any person exempt from requirements as to security,
bond, deposit or payment by virtue of Article 14 or of the law of the State where the
proceedings have been commenced shall, on the application of the person entitled to
the benefit of the order, be rendered enforceable without charge in any other
Contracting State.
Article 16
Each Contracting State shall designate one or more transmitting authorities for the
purpose of forwarding to the appropriate Central Authority in the requested State
applications for rendering enforceable orders to which Article 15 applies.
Each Contracting State shall designate a Central Authority to receive such
applications and to take the appropriate steps to ensure that a final decision on them
is reached.
Federal States and States which have more than one legal system may designate
more than one Central Authority. If the Central Authority to which an application is
submitted is not competent to deal with it, it shall forward the application to
whichever other Central Authority in the requested State is competent to do so.
Applications under this Article shall be transmitted without the intervention of any
other authority, without prejudice to an application being transmitted through
diplomatic channels.
Nothing in this Article shall prevent applications from being made directly by the
person entitled to the benefit of the order unless the requested State has declared that
it will not accept applications made in this manner.
Article 17
Every application under Article 15 shall be accompanied by -
(a) a true copy of the relevant part of the decision showing the names
and capacities of the parties and of the order for payment of costs or expenses;
(b) any document necessary to prove that the decision is no longer
subject to the ordinary forms of review in the State of origin and that it is
enforceable there;
(c) a translation, certified as true, of the above-mentioned documents
into the language of the requested State, if they are not in that language.
The application shall be determined without a hearing and the competent authority
in the requested State shall be limited to examining whether the required documents
have been produced. If so requested by the applicant, that authority shall determine
the amount of the costs of attestation, translation and certification, which shall be
treated as costs and expenses of the proceedings. No legalization or analogous
formality may be required.
There shall be no right of appeal against the decision of the competent authority
except in accordance with the law of the requested State.
36 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
CHAPTER III 
COPIES OF ENTRIES AND DECISIONS
Article 18
Nationals of any Contracting State and persons habitually resident in any
Contracting State may obtain in any other Contracting State, on the same terms and
conditions as its nationals, copies of or extracts from entries in public registers and
decisions relating to civil or commercial matters and may have such documents
legalized, where necessary.
CHAPTER IV 
PHYSICAL DETENTION AND SAFE-CONDUCT
Article 19
Arrest and detention, whether as a means of enforcement or simply as a
precautionary measure, shall not, in civil or commercial matters, be employed
against nationals of a Contracting State or persons habitually resident in a
Contracting State in circumstances where they cannot be employed against nationals
of the arresting and detaining State. Any fact which may be invoked by a national
habitually resident in such State to obtain release from arrest or detention may be
invoked with the same effect by a national of a Contracting State or a person
habitually resident in a Contracting State even if the fact occurred abroad.
Article 20
A person who is a national of or habitually resident in a Contracting State and who
is summoned by name by a court or tribunal in another Contracting State, or by a
party with the leave of the court or tribunal, in order to appear as a witness or expert
in proceedings in that State shall not be liable to prosecution or detention, or
subjected to any other restriction on his personal liberty, in the territory of that State
in respect of any act or conviction occurring before his arrival in that State.
The immunity provided for in the preceding paragraph shall commence seven days
before the date fixed for the hearing of the witness or expert and shall cease when
the witness or expert having had, for a period of seven consecutive days from the
date when he was informed by the judicial authorities that his presence is no longer
required, an opportunity of leaving has nevertheless remained in the territory, or
having left it, has returned voluntarily.
CHAPTER V 
GENERAL PROVISIONS
Article 21
Without prejudice to the provisions of Article 22, nothing in this Convention shall
be construed as limiting any rights in respect of matters governed by this Convention
which may be conferred upon a person under the law of any Contracting State or
under any other convention to which it is, or becomes, a party.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  37
Article 22
Between Parties to this Convention who are also Parties to one or both of the
Conventions on civil procedure signed at The Hague on the 17th of July 1905 and
the 1st of March 1954, this Convention shall replace Articles 17 to 24 of the
Convention of 1905 or Articles 17 to 26 of the Convention of 1954 even if the
reservation provided for under paragraph 2 (c) of Article 28 of this Convention has
been made.
Article 23
Supplementary agreements between Parties to the Conventions of 1905 and 1954
shall be considered as equally applicable to the present Convention, to the extent that
they are compatible therewith, unless the Parties otherwise agree.
Article 24
A Contracting State may by declaration specify a language or languages other than
those referred to in Articles 7 and 17 in which documents sent to its Central
Authority may be drawn up or translated.
Article 25
A Contracting State which has more than one official language and cannot, for
reasons of internal law, accept for the whole of its territory documents referred to in
Articles 7 and 17 drawn up in one of those languages shall by declaration specify the
language in which such documents or translations thereof shall be drawn up for
submission in the specified parts of its territory.
Article 26
If a Contracting State has two or more territorial units in which different systems
of law are applicable in relation to matters dealt with in this Convention, it may at
the time of signature, ratification, acceptance, approval or accession declare that this
Convention shall extend to all its territorial units or only to one or more of them and
may modify that declaration by submitting another declaration at any time.
Any such declaration shall be notified to the Ministry of Foreign Affairs of the
Kingdom of the Netherlands and shall state expressly the territorial units to which
the Convention applies.
Article 27
Where a Contracting State has a system of government under which executive,
judicial and legislative powers are distributed between central and other authorities
within that State, its signature or ratification, acceptance, or approval of, or
accession to this Convention, or its making of any declaration under Article 26 shall
carry no implication as to the internal distribution of powers within that State.
Article 28
Any Contracting State may, at the time of signature, ratification, acceptance,
approval or accession, reserve the right to exclude the application of Article 1 in the
case of persons who are not nationals of a Contracting State but who have their
habitual residence in a Contracting State other than the reserving State or formerly
had their habitual residence in the reserving State, if there is no reciprocity of
treatment between the reserving State and the State of which the applicants for legal
38 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
aid are nationals.
Any Contracting State may, at the time of signature, ratification, acceptance,
approval or accession, reserve the right to exclude -
(a) the use of English or French, or both, under paragraph 2 of Article
7;
(b) the application of paragraph 2 of Article 13;
(c) the application of Chapter II;
(d) the application of Article 20.
Where a State has made a reservation -
(e) under paragraph 2 (a) of this Article, excluding the use of both
English and French, any other State affected thereby may apply the same rule
against the reserving State;
(f) under paragraph 2 (b) of this Article, any other State may refuse to
apply paragraph 2 of Article 13 to persons who are nationals of or habitually
resident in the reserving State;
(g) under paragraph 2 (c) of this Article, any other State may refuse to
apply Chapter II to persons who are nationals of or habitually resident in the
reserving State.
No other reservation shall be permitted.
Any Contracting State may at any time withdraw a reservation it has made. The
withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the
Netherlands. The reservation shall cease to have effect on the first day of the third
calendar month after the notification.
Article 29
Every Contracting State shall, at the time of the deposit of its instrument of
ratification or accession, or at a later date, inform the Ministry of Foreign Affairs of
the Kingdom of the Netherlands of the designation of authorities pursuant to Articles
3, 4 and 16.
It shall likewise inform the Ministry, where appropriate, of the following -
(a) declarations pursuant to Articles 5, 9, 16, 24, 25, 26 and 33;
(b) any withdrawal or modification of the above designations and
declarations;
(c) the withdrawal of any reservation.
Article 30
The model forms annexed to this Convention may be amended by a decision of a
Special Commission convoked by the Secretary General of the Hague Conference to
which all Contracting States and all Member States shall be invited. Notice of the
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  39
proposal to amend the forms shall be included in the agenda for the meeting.
Amendments adopted by a majority of the Contracting States present and voting at
the Special Commission shall come into force for all Contracting States on the first
day of the seventh calendar month after the date of their communication by the
Secretary General to all Contracting States.
During the period provided for by paragraph 2 any Contracting State may by
notification in writing to the Ministry of Foreign Affairs of the Kingdom of the
Netherlands make a reservation with respect to the amendment. A Party making such
reservation shall until the reservation is withdrawn be treated as a State not a Party
to the present Convention with respect to that amendment.
CHAPTER VI
FINAL CLAUSES
Article 31
The Convention shall be open for signature by the States which were Members of
the Hague Conference on Private International Law at the time of its Fourteenth
Session and by non-Member States which were invited to participate in its
preparation.
It shall be ratified, accepted or approved and the instruments of ratification,
acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the
Kingdom of the Netherlands.
Article 32
Any other State may accede to the Convention.
The instrument of accession shall be deposited with the Ministry of Foreign
Affairs of the Kingdom of the Netherlands.
Such accession shall have effect only as regards the relations between the
acceding State and those Contracting States which have not raised an objection to its
accession in the twelve months after the receipt of the notification referred to in sub-
paragraph 2 of Article 36. Such an objection may also be raised by Member States at
the time when they ratify, accept or approve the Convention after an accession. Any
such objection shall be notified to the Ministry of Foreign Affairs of the Kingdom of
the Netherlands.
Article 33
Any State may, at the time of signature, ratification, acceptance, approval or
accession, declare that the Convention shall extend to all the territories for the
international relations of which it is responsible, or to one or more of them. Such a
declaration shall take effect at the time the Convention enters into force for that
State.
Such declaration, as well as any subsequent extension, shall be notified to the
Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 34
The Convention shall enter into force on the first day of the third calendar month
after the deposit of the third instrument of ratification, acceptance, approval or
accession referred to in Articles 31 and 32.
40 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Thereafter the Convention shall enter into force -
(1) for each State ratifying, accepting, approving or acceding to it subsequently,
on the first day of the third calendar month after the deposit of its instrument of
ratification, acceptance, approval or accession;
(2) for any territory or territorial unit to which the Convention has been
extended in conformity with Article 26 or 33, on the first day of the third calendar
month after the notification referred to in that Article.
Article 35
The Convention shall remain in force for five years from the date of its entry into
force in accordance with the first paragraph of Article 34 even for States which
subsequently have ratified, accepted, approved it or acceded to it.
If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the
Kingdom of the Netherlands, at least six months before the expiry of the five year
period. It may be limited to certain of the territories or territorial units to which the
Convention applies.
The denunciation shall have effect only as regards the State which has notified it.
The Convention shall remain in force for the other Contracting States.
Article 36
The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify
the States Members of the Conference, and the States which have acceded in
accordance with Article 32, of the following -
(1) the signatures and ratifications, acceptances and approvals referred to in
Article 31;
(2) the accessions and objections raised to accessions referred to in Article 32;
(3) the date on which the Convention enters into force in accordance with
Article 34;
(4) the declarations referred to in Articles 26 and 33;
(5) the reservations and withdrawals referred to in Articles 28 and 30;
(6) the information communicated under Article 29;
(7) the denunciations referred to in Article 35.
In witness whereof the undersigned, being duly authorised thereto, have signed
this Convention.
Done at The Hague, on the 25th day of October, 1980, in the English and French
languages, both texts being equally authentic, in a single copy which shall be
deposited in the archives of the Government of the Kingdom of the Netherlands and
of which a certified copy shall be sent, through diplomatic channels, to each of the
States Members of the Hague Conference on Private International Law at the date of
its Fourteenth Session and to each other State having participated in the preparation
of this Convention at this Session.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  41
ANNEX TO THE CONVENTION
Form for transmission of application for legal aid
Convention on International Access to Justice,
signed at The Hague, on the 25th of October 1980.
The undersigned transmitting authority has the honour to transmit to the receiving
Central Authority the attached application for legal aid and its annex (statement
concerning the applicant’s financial circumstances), for the purpose of Chapter I of
the above-mentioned Convention.
Remarks concerning the application and the statement, if any:
Other remarks, if any:
Done at ........................, the ..................
Signature and/or stamp
Identity and address
of the transmitting authority
Address of the receiving
Central Authority
42 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
FORM ATTACHED TO THE CONVENTION
Application for legal aid
Convention on International Access to Justice, 
signed at The Hague, on the 25th of October 1980.
1 Name and address of the applicant for legal aid
2 Court or tribunal in which the proceedings have been or will be initiated (if
known)
3  (a) Subject-matter(s) of proceedings; amount of the claim, if applicable
(b) If applicable, list of supporting documents pertinent to commenced or
intended proceedings*
(c) Name and address of the opposing party*
4 Any date or time-limit relating to proceedings with legal consequences for the
applicant, calling for speedy handling of the application*
5  Any other relevant information*
6  Done at ........................, the ..................
7  Applicant’s signature
* Delete if inappropriate.
Annex to the application for legal aid
Statement concerning the applicant's financial circumstances
I Personal situation
8 name (maiden name, if applicable)
9 first name(s)
10 date and place of birth
11 nationality
12 (a) habitual residence (date of commencement of the
residence)
(b) former habitual residence (date of commencement and
termination of the residence)
13  civil status (single, married, widow(er), divorced, separated)
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  43
14  name and first name(s) of the spouse
15  names, first names and dates of birth of children dependent on the
applicant
16  other persons dependent on the applicant
17  supplementary information concerning the family situation
II  Financial circumstances
18  occupation
19  name and address of employer or place of exercise of occupation
20 income of the
applicant
of the 
spouse
of the persons 
dependent on 
the applicant
(a) salary (including
payments in kind)
(b) pensions, disability
pensions, alimonies,
allowances, annuities
(c) unemployment benefits
(d) income from non-
salaried
occupations
(e) income from securities
and floating capital
(f) income from real 
property
(g) other sources of income
21 real property of the 
applicant
of the 
spouse
of the persons 
dependent on 
the applicant
(please state value(s) and 
obligations)
22 other assets of the 
applicant
of the 
spouse
of the persons 
dependent on 
the applicant(securities, sharings in 
profits, claims, bank 
accounts, business 
capital, etc.)
44 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
24 income tax and social security contributions for the previous year
25 remarks of the applicant
26  if applicable, list of supporting documents
27  The undersigned, being fully aware of the penalties provided by
law for the making of a false statement, declares that the above
statement is complete and correct.
28  Done at ...................... (place)
29  the ................................ (date)
30  ........................................ (applicant’s signature)
23 debts and other financial
obligations
of the 
applicant
of the 
spouse
of the persons 
dependent on 
the applicant
a) loans (state nature, 
balance to be paid and 
annual/monthly 
repayments)
b) maintenance obligations 
(state monthly 
payments)
c) house rent (including 
costs of heating, 
electricity, gas and 
water)
d) other recurring 
obligations
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  45
Part D
LUGANO CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF 
JUDGEMENTS IN CIVIL AND COMMERCIAL MATTERS 
(16 September, 1988)
Preamble
The High Contracting Parties to this Convention,
Anxious to strengthen in their territories the legal protection of persons therein
established,
Considering that it is necessary for this purpose to determine the international
jurisdiction of their courts, to facilitate recognition and to introduce an expeditious
procedure for securing the enforcement of judgements, authentic instruments and
court settlements.
Aware of the links between them, which have been sanctioned in the economic
field by the free trade agreements concluded between the European Economic
Community and the States members of the European Free Trade Association,
Taking into account the Brussels Convention of 27 September 1968 on jurisdiction
and the enforcement of judgements in civil and commercial matters, as amended by
the Accession Conventions under the successive enlargements of the European
Communities.
Persuaded that the extension of the principles of that Convention to the State
parties to this instrument will strengthen legal and economic co-operation in Europe,
Desiring to ensure as uniform an interpretation as possible of this instrument,
Have in this spirit decided to conclude this Convention and Have agreed as
follows:
TITLE  I
Scope
Article 1
This Convention shall apply in civil and commercial matters whatever the nature
of the court or tribunal. It shall not extend, in particular, to revenue, customs or
administrative matters.
The Convention shall not apply to -
1. the status or legal capacity of natural persons, rights in property arising out
of a matrimonial relationship, wills and succession;
2. bankruptcy, proceedings relating to the winding-up of insolvent companies
or other legal persons, judicial arrangements, compositions and analogous
proceedings;
3.  social security;
4. arbitration.
46 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
TITLE  II 
Jurisdiction
Section 1 - General Provisions
Article 2
Subject to the provisions of this Convention, persons domiciled in a Contracting
State shall, whatever their nationality, be sued in the courts of that State.
Persons who are not nationals of the State in which they are domiciled shall be
governed by the rules of jurisdiction applicable to nationals of that State.
Article 3
Persons domiciled in a Contracting State may be sued in the courts of another
Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title.
In particular the following provisions shall not be applicable as against them:
-  in Belgium: Article 15 of the civil code (Code civil - Burgerlijk
Wetboek) and Article 638 of the judicial code (Code judiciaire - Gerechtelijk
Wetboek),
- in Denmark: Article 246 (2) and (3) of the law on civil procedure
(Lov om rettens pleje),
- in the Federal Republic of Germany: Article 23 of the code of civil
procedure (Zivilprozessordnung),
- in Greece: Article 40 of the code of civil procedure [greek text],
- in France: Articles 14 and 15 of the civil code (Code civil),
- in Ireland: the rules which enable jurisdiction to be founded on the
document instituting the proceedings having been served on the defendant
during his temporary presence in Ireland,
- in Iceland: Article 77 of the Civil Proceedings Act [icelandic text],
- in Italy: Articles 2 and 4, Nos 1 and 2 of the code of civil
procedure (Codice di procedura civile),
- in Luxembourg: Articles 14 and 15 of the civil code (Code civil),
- in the Netherlands: Articles 126 (3) and 127 of the code of civil
procedure (Wetboek van Burgerlijke Rechtsvordering), 
- in Norway: Section 32 of the Civil Proceedings Act
(tvistemålsloven),
- in Austria: Article 99 of the Law on Court Jurisdiction
(Jurisdiktionsnorm)
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  47
- in Portugal: Articles 65 (1) (c), 65 (2) and 65A (c) of the code of
civil procedure (Codigo de Processo Civil) and Article 11 of the code of labour
procedure (Codigo de Processo de Trabalho),
- in Switzerland: le for du lieu du sequestre/Gerichtsstand des
Arrestortes/foro del luogo del sequestro within the meaning of Article 4 of the
loi federale sur le droit international prive/Bundesgesetz uber das internationale
Privatrecht/legge federale sul diritto internazionale privato,
- in Finland: the second, third and fourth sentences of Section 1 of
Chapter 10 of the Code of Judicial Procedure [finnish text],
- in Sweden: the first sentence of Section 3 of Chapter 10 of Code of
Judicial Procedure (Rattegångsbalken),
- in the United Kingdom: the rules which enable jurisdiction to be
founded on:
(a) the document instituting the proceedings having been
served on the defendant during his temporary presence in the United
Kingdom; or
(b) the presence within the United Kingdom of property
belonging to the defendant; or
(c) the seizure by the plaintiff of property situated in the
United Kingdom.
Article 4
If the defendant is not domiciled in a Contracting State, the jurisdiction of the
courts of each Contracting State shall, subject to the provisions of Article 16, be
determined by the law of that State.
As against such a defendant, any person domiciled in a Contracting State may,
whatever his nationality, avail himself in that State of the rules of jurisdiction there
in force, and in particular those specified in the second paragraph of Article 3, in the
same way as the nationals of that State.
Section 2 - Special jurisdiction
Article 5
A person domiciled in a Contracting State may, in another Contracting State, be
sued:
1. in matters relating to a contract, in the courts for the place of performance of
the obligation in question; in matters relating to individual contracts of employment,
this place is that where the employee habitually carries out his work, or if the
employee does not habitually carry out his work in any one country, this place shall
be the place of business through which he was engaged;
2. in matters relating to maintenance, in the courts for the place where the
maintenance creditor is domiciled or habitually resident or, if the matter is ancillary
to proceedings concerning the status of a person, in the court which, according to its
own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is
48 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
based solely on the nationality of one of the parties;
3. in matters relating to tort, delict or quasi-delict, in the courts for the place
where the harmful event occurred;
4. as regards a civil claim for damages or restitution which is based on an act
giving rise to criminal proceedings, in the court seised of those proceedings, to the
extent that that court has jurisdiction under its own law to entertain civil
proceedings;
5. as regards a dispute arising out of the operations of a branch, agency or
other establishment, in the courts for the place in which the branch, agency or other
establishment is situated;
6. in his capacity as settlor, trustee or beneficiary of a trust created by the
operation of a statute, or by a written instrument, or created orally and evidenced in
writing, in the courts of the Contracting State in which the trust is domiciled;
7. as regards a dispute concerning the payment of remuneration claimed in
respect of the salvage of a cargo or freight, in the court under the authority of which
the cargo or freight in question:
(a) has been arrested to secure such payment, or
(b) could have been so arrested, but bail or other security has been
given; provided that this provision shall apply only if it is claimed that the
defendant has an interest in the cargo or freight or had such an interest at the time
of salvage.
Article 6
A person domiciled in a Contracting State may also be sued:
1. where he is one of a number of defendants, in the courts for the place where
any one of them is domiciled;
2. as a third party in an action on a warranty or guarantee or in any other third
party proceedings, in the court seised of the original proceedings, unless these were
instituted solely with the object of removing him from the jurisdiction of the court
which would be competent in his case;
3. on a counterclaim arising from the same contract or facts on which the
original claim was based, in the court in which the original claim is pending;
4. in matters relating to a contract, if the action may be combined with an
action against the same defendant in matters relating to rights in rem in immovable
property, in the court of the Contracting State in which the property is situated.
Article 6A
Where by virtue of this Convention a court of a Contracting State has jurisdiction
in actions relating to liability arising from the use or operation of a ship, that court,
or any other court substituted for this purpose by the internal law of that State, shall
also have jurisdiction over claims for limitation of such liability.
Section 3 - Jurisdiction in matters relating to insurance
Article 7
In matters relating to insurance, jurisdiction shall be determined by this Section,
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  49
without prejudice to the provisions of Articles 4 and 5 (5).
Article 8
An insurer domiciled in a Contracting State may be sued:
1. in the courts of the State where he is domiciled, or
2. in another Contracting State, in the courts for the place where the policy-
holder is domiciled, or
3. if he is a co-insurer, in the courts of a Contracting State in which
proceedings are brought against the leading insurer.
An insurer who is not domiciled in a Contracting State but has a branch, agency or
other establishment in one of the Contracting States shall, in disputes arising out of
the operations of the branch, agency or establishment, be deemed to be domiciled in
that State.
Article 9
In respect of liability insurance or insurance of immovable property, the insurer
may in addition be sued in the courts for the place where the harmful event occurred.
The same applies if movable and immovable property are covered by the same
insurance policy and both are adversely affected by the same contingency.
Article 10
In respect of liability insurance, the insurer may also, if the law of the court
permits it, be joined in proceedings which the injured party has brought against the
insured.
The provisions of Articles 7, 8 and 9 shall apply to actions brought by the injured
party directly against the insurer, where such direct actions are permitted.
If the law governing such direct actions provides that the policy-holder or the
insured may be joined as a party to the action, the same court shall have jurisdiction
over them.
Article 11
Without prejudice to the provisions of the third paragraph of Article 10, an insurer
may bring proceedings only in the courts of the Contracting State in which the
defendant is domiciled, irrespective of whether he is the policy-holder, the insured
or a beneficiary.
The provisions of this Section shall not affect the right to bring a counterclaim in
the court in which, in accordance with the Section, the original claim is pending.
Article 12
The provisions of this Section may be departed from only by an agreement on
jurisdiction:
1. which is entered into after the dispute has arisen, or
2. which allows the policy-holder, the insured or a beneficiary to bring
proceedings in courts other than those indicated in this Section, or
3. which is concluded between a policy-holder and an insurer, both of whom
are at the time of conclusion of the contract domiciled or habitually resident in the
50 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
same Contracting State, and which has the effect of conferring jurisdiction on the
courts of that State even if the harmful event were to occur abroad, provided that
such an agreement is not contrary to the law of that State, or
4. which is concluded with a policy-holder who is not domiciled in a
Contracting State, except in so far as the insurance is compulsory or relates to
immovable property in a Contracting State, or
5. which relates to a contract of insurance in so far as it covers one or more of
the risks set out in Article 12A.
Article 12A
The following are the risks referred to in Article 12 (5):
1. any loss of or damage to:
(a) sea-going ships, installations situated off-shore or on the high seas,
or aircraft, arising from perils which relate to their use for commercial purposes,
(b) goods in transit other that passengers’ baggage where the transit
consists of or includes carriage by such ships or aircraft;
2. any liability, other than for bodily injury to passengers or loss of or damage
to their baggage:
(a) arising out of the use or operation of ships, installations or aircraft
as referred to in (1) (a) above in so far as the law of the Contracting State in
which such aircraft are registered does not prohibit agreements on jurisdiction
regarding insurance of such risks,
(b) for loss or damage caused by goods in transit as described in (1) (b)
above;
3. any financial loss connected with the use or operation of ships, installations
or aircraft as referred to in (1)(a) above, in particular loss of freight or charter-hire;
4. any risk or interest connected with any of those referred to in (1) to (3)
above.
Section 4 - Jurisdiction over consumer contracts
Article 13
In proceedings concerning a contract concluded by a person for a purpose which
can be regarded as being outside his trade or profession, hereinafter called the
consumer, jurisdiction shall be determined by this Section, without prejudice to the
provisions of Articles 4 and 5 (5), if it is:
1. a contract for the sale of goods on instalment credit terms, or
2. a contract for a loan repayable by instalments, or for any other form of
credit, made to finance the sale of goods, or
3. any other contract for the supply of goods or a contract for the supply of
services, and
(a) in the State of the consumer’s domicile the conclusion of the
contract was preceded by a specific invitation addressed to him or by
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  51
advertising, and
(b) the consumer took in that State the steps necessary for the
conclusion of the contract.
Where a consumer enters into a contract with a party who is not domiciled in a
Contracting State but has a branch, agency or other establishment in one of the
Contracting States, that party shall, in disputes arising out of the operations of the
branch, agency or establishment, be deemed to be domiciled in that State.
This Section shall not apply to contracts of transport.
Article 14
A consumer may bring proceedings against the other party to a contract either in
the courts of the Contracting State in which that party is domiciled or in the courts of
the Contracting State in which he is himself domiciled.
Proceedings may be brought against a consumer by the other party to the contract
only in the courts of the Contracting State in which the consumer is domiciled.
These provisions shall not affect the right to bring a counterclaim in the court in
which, in accordance with this Section, the original claim is pending.
Article 15
The provisions of this Section may be departed from only by an agreement:
1. which is entered into after the dispute has arisen, or
2. which allows the consumer to bring proceedings in courts other than those
indicated in this Section, or
3. which is entered into by the consumer and the other party to the contract,
both of whom are at the time of conclusion of the contract domiciled or habitually
resident in the same Contracting State, and which confers jurisdiction on the courts
of that State, provided that such an agreement is not contrary to the law of that State.
Section 5 - Exclusive jurisdiction
Article 16
The following courts shall have exclusive jurisdiction, regardless of domicile:
1.  (a) in proceedings which have as their object rights in rem in immovable
property or tenancies of immovable property, the courts of the Contracting State in
which the property is situated:
(b) however, in proceedings which have as their object tenancies of
immovable property concluded for temporary private use for a maximum period of
six consecutive months, the courts of the Contracting State in which the defendant is
domiciled shall also have jurisdiction, provided that the tenant is a natural person
and neither party is domiciled in the Contracting State in which the property is
situated;
2. in proceedings which have as their object the validity of the constitution, the
nullity or the dissolution of companies or other legal persons or associations of
natural or legal persons, or the decisions of their organs, the courts of the
Contracting State in which the company, legal person or association has its seat;
3. in proceedings which have as their object the validity of entries in public
52 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
registers, the courts of the Contracting State in which the register is kept;
4. in proceedings concerned with the registration or validity of patents, trade
marks, designs or other similar rights required to be deposited or registered, the
courts of the Contracting State in which the deposit or registration has been applied
for, has taken place or is under the terms of an international convention deemed to
have taken place;
5. in proceedings concerned with the enforcement of judgements, the courts of
the Contracting State in which the judgement has been or is to be enforced.
Section 6 - Prorogation of jurisdiction
Article 17
1. If the parties, one or more of whom is domiciled in a Contracting State, have
agreed that a court or the courts of a Contracting State are to have jurisdiction to
settle any disputes which have arisen or which may arise in connection with a
particular legal relationship, that court or those courts shall have exclusive
jurisdiction. Such an agreement conferring jurisdiction shall be either:
(a) in writing or evidenced in writing, or
(b) in a form which accords with practices which the parties have
established between themselves, or
(c) in international trade or commerce, in a form which accords with a
usage of which the parties are or ought to have been aware and which in such
trade or commerce is widely known to, and regularly observed by, parties to
contracts of the type involved in the particular trade or commerce concerned.
Where such an agreement is concluded by parties, none of whom is domiciled in a
Contracting State, the courts of other Contracting States shall have no jurisdiction
over their disputes unless the court or courts chosen have declined jurisdiction.
2. The court or courts of a Contracting State on which a trust instrument has
conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought
against a settlor, trustee or beneficiary, if relations between these persons or their
rights or obligations under the trust are involved.
3. Agreements or provisions of a trust instrument conferring jurisdiction shall
have no legal force if they are contrary to the provisions of Articles 12 or 15, or if
the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by
virtue of Article 16.
4. If an agreement conferring jurisdiction was concluded for the benefit of only
one of the parties, that party shall retain the right to bring proceedings in any other
court which has jurisdiction by virtue of this Convention.
5. In matters relating to individual contracts of employment an agreement
conferring jurisdiction shall have legal force only if it is entered into after the
dispute has arisen.
Article 18
Apart from jurisdiction derived from other provisions of this Convention, a court
of a Contracting State before whom a defendant enters an appearance shall have
jurisdiction. This rule shall not apply where appearance was entered solely to contest
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  53
the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article
16.
Section 7 - Examination as to jurisdiction and admissibility
Article 19
Where a court of a Contracting State is seised of a claim which is principally
concerned with a matter over which the courts of another Contracting State have
exclusive jurisdiction by virtue of Article 16, it shall declare of its own motion that it
has no jurisdiction.
Article 20
Where a defendant domiciled in one Contracting State is sued in a court of another
Contracting State and does not enter an appearance, the court shall declare of its own
motion that it has no jurisdiction unless its jurisdiction is derived from the
provisions of this Convention.
The court shall stay the proceedings so long as it is not shown that the defendant
has been able to receive the document instituting the proceedings or an equivalent
document in sufficient time to enable him to arrange for his defence, or that all
necessary steps have been taken to this end.
The provisions of the foregoing paragraph shall be replaced by those of Article 15
of The Hague Convention of 15 November 1965 on the service abroad of judicial
and extrajudicial documents in civil or commercial matters, if the document
instituting the proceedings or notice thereof had to be transmitted abroad in
accordance with that Convention.
Section 8 -  Lis Pendens  - related actions
Article 21
Where proceedings involving the same cause of action and between the same
parties are brought in the courts of different Contracting States, any court other than
the court first seised shall of its own motion stay its proceedings until such time as
the jurisdiction of the court first seised is established.
Where the jurisdiction of the court first seised is established, any court other than
the court first seised shall decline jurisdiction in favour of that court.
Article 22
Where related actions are brought in the courts of different Contracting States, any
court other than the court first seised may, while the actions are pending at first
instance, stay its proceedings.
A court other than the court first seised may also, on the application of one of the
parties, decline jurisdiction if the law of that court permits the consolidation of
related actions and the court first seised has jurisdiction over both actions.
For the purposes of this Article, actions are deemed to be related where they are so
closely connected that it is expedient to hear and determine them together to avoid
the risk of irreconcilable judgements resulting from separate proceedings.
Article 23
Where actions come within the exclusive jurisdiction of several courts, any court
other than the court first seised shall decline jurisdiction in favour of that court.
54 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Section 9 - Provisional, including protective, measures
Article 24
Application may be made to the courts of a Contracting State for such provisional,
including protective, measures as may be available under the law of that State, even
if, under this Convention, the courts of another Contracting State have jurisdiction as
to the substance of the matter.
TITLE  III 
Recognition and Enforcement
Article 25
For the purposes of this Convention, judgement means any judgement given by a
court or tribunal of a Contracting State, whatever the judgement may be called,
including a decree, order, decision or writ of execution, as well as the determination
of costs or expenses by an officer of the court.
Section 1 - Recognition
Article 26
A judgement given in a Contracting State shall be recognised in the other
Contracting States without any special procedure being required.
Any interested party who raises the recognition of a judgement as the principal
issue in a dispute may, in accordance with the procedures provided for in Sections 2
and 3 of this Title, apply for a decision that the judgement be recognised.
If the outcome of proceedings in a court of a Contracting State depends on the
determination of an incidental question of recognition that court shall have
jurisdiction over that question.
Article 27
A judgement shall not be recognised:
1. if such recognition is contrary to public policy in the State in which
recognition is sought;
2. where it was given in default of appearance, if the defendant was not duly
served with the document which instituted the proceedings or with an equivalent
document in sufficient time to enable him to arrange for his defence;
3. if the judgement is irreconcilable with a judgement given in a dispute
between the same parties in the State in which recognition is sought;
4. if the court of the State of origin, in order to arrive at its judgement, has
decided a preliminary question concerning the status or legal capacity of natural
persons, rights in property arising out of a matrimonial relationship, wills or
succession in a way that conflicts with a rule of the private international law of the
State in which the recognition is sought, unless the same result would have been
reached by the application of the rules of private international law of that State;
5. if the judgement is irreconcilable with an earlier judgement given in a non-
contracting State involving the same cause of action and between the same parties,
provided that this latter judgement fulfils the conditions necessary for its recognition
in the State addressed.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  55
Article 28
Moreover, a judgement shall not be recognised if it conflicts with the provisions
of Sections 3, 4 or 5 of Title II or in a case provided for in Article 59.
A judgement may furthermore be refused recognition in any case provided for in
Article 54B (3) or 57 (4).
In its examination of the grounds of jurisdiction referred to in the foregoing
paragraphs, the court or authority applied to shall be bound by the findings of fact on
which the court of the State of origin based its jurisdiction.
Subject to the provisions of the first and second paragraphs, the jurisdiction of the
court of the State of origin may not be reviewed; the test of public policy referred to
in Article 27 (1) may not be applied to the rules relating to jurisdiction.
Article 29
Under no circumstances may a foreign judgement be reviewed as to its substance.
Article 30
A court of a Contracting State in which recognition is sought of a judgement given
in another Contracting State may stay the proceedings if an ordinary appeal against
the judgement has been lodged.
A court of a Contracting State in which recognition is sought of a judgement given
in Ireland or the United Kingdom may stay the proceedings if enforcement is
suspended in the State of origin by reason of an appeal.
Section 2 - Enforcement
Article 31
A judgement given in a Contracting State and enforceable in that State shall be
enforced in another Contracting State when, on the application of any interested
party, it has been declared enforceable there.
However, in the United Kingdom, such a judgement shall be enforced in England
and Wales, in Scotland, or in Northern Ireland when, on the application of any
interested party, it has been registered for enforcement in that part of the United
Kingdom.
Article 32
1. The application shall be submitted:
- in Belgium, to the tribunal de premiere instance or rechtbank van
eerste aanleg,
- in Denmark, to the byret, 
- in the Federal Republic of Germany, to the presiding judge of a
chamber of the Landgericht,
- in Greece, to the [greek text],
- in Spain, to the Juzgado de Primera Instancia,
56 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
- in France, to the presiding judge of the tribunal de grande instance,
- in Ireland, to the High Court,
- in Iceland, to the heradsdomari,
- in Italy, to the corte d’appello,
- in Luxembourg, to the presiding judge of the tribunal
d’arrondissement,
- in the Netherlands, to the presiding judge of the
arrondissementsrechtbank,
- in Norway, to the herredsrett or byrett as namsrett,
- in Austria, to the Landesgericht or the Kreisgericht,
- in Portugal, to the Tribunal Judicial de Circulo,
- in Switzerland:
(a) in respect of judgements ordering the payment of a sum of
money, to the juge de la mainlevee/Rechtsoffnungs - richter / giudice
competente a pronunciare sul rigetto dell’opposizione, within the
framework of the procedure governed by Article 80 and 81 of the loi
federale sur la poursuite pour dettes et la faillite/Bundesgesetz uber
Schuldbetreibung und Konkurs/Legge federale sulla esecuzione e sul
fallimento,
(b) in respect of judgements ordering a performance other than
the payment of a sum of money, to the juge cantonal d’exequatur
competent / zustandiger kantonaler Vollstreckungsrichter / giudice
cantonale competente a pronunciare l’exequatur,
- in Finland, to the ulosotonhaltija/overexekutor,
- in Sweden, to the Svea hovratt,
- in the United Kingdom:
(a) in England and Wales, to the High Court of Justice, or in
the case of a maintenance judgement to the Magistrates’ Court on
transmission by the Secretary of State;
(b) in Scotland, to the Court of Session, or in the case of a
maintenance judgement to the Sheriff Court on transmission by the
Secretary of State;
(c) in Northern Ireland, to the High Court of Justice, or in the
case of a maintenance judgement to the Magistrates’ Court on
transmission by the Secretary of State.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  57
2. The jurisdiction of local courts shall be determined by reference to the place
of domicile of the party against whom enforcement is sought. If he is not domiciled
in the State in which enforcement is sought, it shall be determined by reference to
the place of enforcement.
Article 33
The procedure for making the application shall be governed by the law of the State
in which enforcement is sought.
The applicant must give an address for service of process within the area of
jurisdiction of the court applied to. However, if the law of the State in which
enforcement is sought does not provide for the furnishing of such an address, the
applicant shall appoint a representative ad litem.
The documents referred to in Articles 46 and 47 shall be attached to the
application.
Article 34
The court applied to shall give its decision without delay; the party against whom
enforcement is sought shall not at this stage of the proceedings be entitled to make
any submissions on the application.
The application may be refused only for one of the reasons specified in Articles 27
and 28.
Under no circumstances may the foreign judgement be reviewed as to its
substance.
Article 35
The appropriate officer of the court shall without delay bring the decision given on
the application to the notice of the applicant in accordance with the procedure laid
down by the law of the State in which enforcement is sought.
Article 36
If enforcement is authorised, the party against whom enforcement is sought may
appeal against the decision within one month of service thereof.
If that party is domiciled in a Contracting State other than that in which the
decision authorising enforcement was given, the time for appealing shall be two
months and shall run from the date of service, either on him in person or at his
residence. No extension of time may be granted on account of distance.
Article 37
1. An appeal against the decision authorising enforcement shall be lodged in
accordance with the rules governing procedure in contentious matters:
- in Belgium, with the tribunal de premiere instance or rechtbank
van eerste aanleg,
- in Denmark, with the landsret,
- in the Federal Republic of Germany, with the Oberlandsgericht,
58 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
- in Greece, with the [greek text];
- in Spain, with the Audiencia Provincial
- in France, with the cour d’appel,
- in Ireland, with the High Court,
- in Iceland, with the heradsdomari;
- in Italy, with the corte d’appello,
- in Luxembourg, with the Cour superieure de justice sitting as a
court of civil appeal,
- in the Netherlands, with the arrondissementsrechtbank,
- in Norway, with the lagmannsrett,
- in Austria, with the Landesgericht or the Kreisgericht,
- in Portugal, with the Tribunal da Relacao,
- in Switzerland, with the tribunal cantonal / Kantonsgericht /
tribunale cantonale,
- in Finland, with the hovioikeus/hovratt,
- in Sweden, with the Svea hovratt,
- in the United Kingdom:
(a) in England and Wales, with the High Court of Justice, or in
the case of a maintenance judgement with the Magistrates’ Court,
(b) in Scotland, with the Court of Session, or in the case of a
maintenance judgement with the Sheriff Court,
(c) in Northern Ireland, with the High Court of Justice, or in
the case of a maintenance judgement with the Magistrates’ Court.
2. The judgement given on the appeal may be contested only:
- in Belgium, Greece, Spain, France, Italy, Luxembourg and in the
Netherlands, by an appeal in cassation,
- in Denmark, by an appeal to the højesteret, with the leave of the
Minister of Justice,
- in the Federal Republic of Germany, by a Rechtsbe schwerde,
- in Ireland, by an appeal on Court,
- in Iceland, by an appeal to the Hæstirettur,
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  59
- in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts
Kjæremålsutvalg or Hoyesterett,
- in Austria, in the case of an appeal, by a Revisionsrekurs and, in
the case of opposition proceedings, by a Berufung with the possibility of a
Revision,
- in Portugal, by an appeal on a point of law,
- in Switzerland, by a recours de droit public devant le tribunal
federal/staatsrechtliche Beschwerde beim Bundes gericht/ricorso di diritto
pubblico davanti al tribunale federale,
- in Finland, by an appeal to the korkein oikeus/hogsta domstolen,
- in Sweden, by an appeal to the hogsta domstolen,
- in the United Kingdom, by a single further appeal on a point of
law.
Article 38
The court with which the appeal under the first paragraph of Article 37 is lodged
may, on the application of the appellant, stay the proceedings if an ordinary appeal
has been lodged against the judgement in the State of origin or if the time for such an
appeal has not yet expired; in the latter case, the court may specify the time within
such an appeal is to be lodged.
Where the judgement was given in Ireland or the United Kingdom, any form of
appeal available in the State of origin shall be treated as an ordinary appeal for the
purposes of the first paragraph.
The court may also make enforcement conditional on the provision of such
security as it shall determine.
Article 39
During the time specified for an appeal pursuant to Article 36 and until any such
appeal has been determined, no measures of enforcement may be taken other than
protective measures taken against the property of the party against whom
enforcement is sought.
The decision authorising enforcement shall carry with it the power to proceed to
any such protective measures.
Article 40
1. If the application for enforcement is refused, the applicant may appeal:
- in Belgium, to the cour d’appel or hof van beroep,
- in Denmark, to the landsret,
- in the Federal Republic of Germany, to the Oberlandes-gericht,
- in Greece, to the [greek text];
60 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
- in Spain, to the Audiencia Provincial,
- in France, to the cour d’appel,
- in Ireland, to the High Court,
- in Iceland, to the heradsdomari,
- in Italy, to the corte d’appello,
- in Luxembourg, to the Cour superieure de justice sitting as a court
of civil appeal,
- in the Netherlands, to the gerechtshof,
- in Norway, to the lagmannsrett,
- in Austria, to the Landesgericht or the Kreisgericht,
- in Portugal, to the Tribunal da Relacao;
- in Switzerland, to the tribunal cantonal/Kantonsgericht/tribunale
cantonale,
- in Finland, to the hovioikeus/hovratt,
- in Sweden, to the Svea hovratt,
- in the United Kingdom:
(a) in England and Wales, to the High Court of Justice, or in
the case of a maintenance judgement to the Magistrates’ Court,
(b) in Scotland, to the Court of Session, or in the case of a
maintenance judgement to the Sheriff Court,
(c) in Northern Ireland, to the High Court of Justice, or in the
case of a maintenance judgement to the Magistrates’ Court.
2. The party against whom enforcement is sought shall be summoned to appear
before the appellate court. If he fails to appear, the provisions of the second and third
paragraphs of Article 20 shall apply even where he is not domiciled in any of the
Contracting States.
Article 41
A judgement given on an appeal provided for in Article 40 may be contested only:
- in Belgium, Greece, Spain, France, Italy, Luxembourg and in the
Netherlands, by an appeal in cassation,
- in Denmark, by an appeal to the højesteret with the leave of the
Minister of Justice,
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  61
- in the Federal Republic of Germany, by a Rechtsbeschwerde,
- in Ireland, by an appeal on a point of law to the Supreme Court,
- in Iceland, by an appeal to the Hæstirettur,
- in Norway, by an appeal (kjæremål or anke) to the Hoyesteretts
kjæremålsutvalg or Hoyesterett,
- in Austria, by a Revisionsrekurs,
- in Portugal, by an appeal on a point of law,
- in Switzerland, by a recurs de droit public devant le tribunal
federal/staatsrechtliche Beschwerde beim Bundesgericht/ricorso di diritto
pubblico davanti al tribunale federale,
- in Finland, by an appeal to the korkein oikeus/hogsta domstolen,
- in Sweden, by an appeal to the hogsta domstolen,
- in the United Kingdom, by a single further appeal on a point of
law.
Article 42
Where a foreign judgement has been given in respect of several matters and
enforcement cannot be authorised for all of them, the court shall authorise
enforcement for one or more of them.
An applicant may request partial enforcement of a judgement.
Article 43
A foreign judgement which orders a periodic payment by way of a penalty shall be
enforceable in the State in which enforcement is sought only if the amount of the
payment has been finally determined by the courts of the State of origin.
Article 44
An applicant who in the State of origin, has benefited from complete or partial
legal aid or exemption from costs or expenses, shall be entitled, in the procedures
provided for in Articles 32 to 35, to benefit from the most favourable legal aids or
the most extensive exemption from costs or expenses provided for by the law of the
State addressed.
However, an applicant who requests the enforcement of a decision given by an
administrative authority in Denmark or Iceland in respect of a maintenance order
may, in the State addressed, claim the benefits referred to in the first paragraph if he
presents a statement from, respectively, the Danish Ministry of Justice or the
Icelandic Ministry of Justice to the effect that he fulfils the economic requirements
to qualify for the grant of complete or partial legal aid or exemption from costs or
expenses.
62 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Article 45
No security, bond or deposit, however described, shall be required of a party who
in one Contracting State applies for enforcement of a judgement given in another
Contracting State on the ground that he is a foreign national or that he is not
domiciled or resident in the State in which enforcement is sought.
Section 3 - Common provisions
Article 46
A party seeking recognition or applying for enforcement of a judgement shall
produce:
1. a copy of the judgement which satisfies the conditions necessary to establish
its authenticity;
2. in the case of a judgement given in default, the original or a certified true
copy of the document which establishes that the party in default was served with the
document instituting the proceedings or with an equivalent document.
Article 47
A party applying for enforcement shall also produce:
1. documents which establish that, according to the law of the State of origin,
the judgement is enforceable and has been served;
2. where appropriate, a document showing that the applicant is in receipt of
legal aid in the State of origin.
Article 48
If the documents specified in Article 46 (2) and Article 47 (2) are not produced,
the court may specify a time for their production, accept equivalent documents or, if
it considers that it has sufficient information before it, dispense with their
production.
If the court so requires, a translation of the document shall be produced; the
translation shall be certified by a person qualified to do so in one of the Contracting
States.
Article 49
No legalisation or other similar formality shall be required in respect of the
documents referred to in Articles 46 or 47 or the second paragraph of Article 48, or
in respect of a document appointing a representative ad litem.
TITLE  IV
Authentic Instruments and Court Settlements
Article 50
A document which has been formally drawn up or registered as an authentic
instrument and is enforceable in one Contracting State shall, in another Contracting
State, be declared enforceable there, on application made in accordance with the
procedures provided for in Article 31 et seq. The application may be refused only if
enforcement of the instrument is contrary to public policy in the State addressed.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  63
The instrument produced must satisfy the conditions necessary to establish its
authenticity in the State of origin.
The provisions of Section 3 of Title III shall apply as appropriate.
Article 51
A settlement which has been approved by a court in the course of proceedings and
is enforceable in the State in which it was concluded shall be enforceable in the State
addressed under the same conditions as authentic instruments.
TITLE  V 
General Provisions
Article 52
In order to determine whether a party is domiciled in the Contracting State whose
courts are seised of a matter, the Court shall apply its internal law.
If a party is not domiciled in the State whose courts are seised of the matter, then,
in order to determine whether the party is domiciled in another Contracting State, the
court shall apply the law of that State.
Article 53
For the purposes of this Convention, the seat of a company or other legal person or
association of natural or legal persons shall be treated as its domicile. However, in
order to determine that seat, the court shall apply its rules of private international
law.
In order to determine whether a trust is domiciled in the Contracting State whose
courts are seised of the matter, the court shall apply its rules of private international
law.
TITLE  VI 
Transnational Provisions
Article 54
The provisions of this Convention shall apply only to legal proceedings instituted
and to documents formally drawn up or registered as authentic instruments after its
entry into force in the State of origin and, where recognition or enforcement of a
judgement or authentic instrument is sought, in the State addressed.
However, judgements given after the date of entry into force of this Convention
between the State of origin and the State addressed in proceedings instituted before
that date shall be recognised and enforced in accordance with the provisions of Title
III if jurisdiction was founded upon rules which accorded with those provided for
either in Title II of this Convention or in a convention concluded between the State
of origin and the State addressed which was in force when the proceedings were
instituted.
If the parties to a dispute concerning a contract had agreed in writing before the
entry into force of this Convention that the contract was to be governed by the law of
Ireland or of a part of the United Kingdom, the courts of Ireland or of that part of the
United Kingdom shall retain the right to exercise jurisdiction in the dispute.
64 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Article 54A
For a period of three years from the entry into force of this Convention for
Denmark, Greece, Ireland, Iceland, Norway, Finland and Sweden, respectively,
jurisdiction in maritime matters shall be determined in these States not only in
accordance with the provisions of Title II, but also in accordance with the provisions
of paragraphs 1 to 7 following. However, upon the entry into force of the
International Convention relating to the arrest of sea-going ships, signed at Brussels
on 10 May 1952, for one of these States, these provisions shall cease to have effect
for that State.
1. A person who is domiciled in a Contracting State may be sued in the courts
of one of the States mentioned above in respect of a maritime claim if the ship to
which the claim relates or any other ship owned by him has been arrested by judicial
process within the territory of the latter State to secure the claim, or could have been
so arrested there but bail or other security has been given, and either:
(a) the claimant is domiciled in the latter State, or
(b) the claim arose in the latter State, or
(c) the claim concerns the voyage during which the arrest was made or
could have been made, or
(d) the claim arises out of a collision or out of damage caused by a
ship to another ship or to goods or persons on board either ship, either by the
execution or non-execution of a manoeuvre or by the non-observance of
regulations, or
(e) the claim is for salvage, or
(f) the claim is in respect of a mortgage or hypothecation of the ship
arrested.
2. A claimant may arrest either the particular ship to which the maritime claim
relates, or any other ship which is owned by the person who was, at the time when
the maritime claim arose, the owner of the particular ship. However, only the
particular ship to which the maritime claim relates may be arrested in respect of the
maritime claims set out in (5) (o), (p) or (q) of this Article.
3. Ships shall be deemed to be in the same ownership when all the shares
therein are owned by the same person or persons.
4. When in the case of a charter by demise of a ship the charterer alone is liable
in respect of a maritime claim relating to that ship, the claimant may arrest that ship
or any other ship owned by the charterer, but no other ship owned by the owner may
be arrested in respect of such claim. The same shall apply to any case in which a
person other than the owner of a ship is liable in respect of a maritime claim relating
to that ship.
5. The expression maritime claim means a claim arising out of one or more of
the following:
(a) damage caused by any ship either in collision or otherwise;
(b) loss of life or personal injury caused by any ship or occurring in
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  65
connection with the operation on any ship;
(c) salvage;
(d) agreement relating to the use or hire of any ship whether by
charterparty or otherwise;
(e) agreement relating to the carriage of goods in any ship whether by
charterparty or otherwise;
(f) loss of or damage to goods including baggage carried in any ship;
(g) general average;
(h) bottomry;
(i) towage;
(j) pilotage;
(k) goods or materials wherever supplied to a ship for her operation or
maintenance;
(l) construction, repair or equipment of any ship or dock charges and
dues;
(m) wages of masters, officers or crew;
(n) master’s disbursements, including disbursements made by
shippers, charterers or agents on behalf of a ship or her owner;
(o) dispute as to the title to or ownership of any ship;
(p) disputes between co-owners of any ship as to the ownership,
possession, employment or earnings of that ship;
(q) the mortgage or hypothecation of any ship.
6. In Denmark, the expression "arrest" shall be deemed as regards the maritime
claims referred to in (5) (o) and (p) of this Article, to include a "forbud", where that
is the only procedure allowed in respect of such a claim under Articles 646 to 653 of
the law on civil procedure (lov om rettens pleje).
7. In Iceland, the expression "arrest" shall be deemed, as regards the maritime
claims referred in (5) (o) and (p) of this Article, to include a logbann, where that is
the only procedure allowed in respect of such a claim under Chapter III of the law on
arrest and injunction (log um kyrrsetningu og logbann).
TITLE  VII 
Relationship to the Brussels Convention and to Other Conventions
Article 54B
1. This Convention shall not prejudice the application by the Member States of
66 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
the European Communities of the Convention on Jurisdiction and the Enforcement
of Judgements in Civil and Commercial Matters, signed at Brussels on 27 September
1968 and of the Protocol on interpretation of that Convention by the Court of Justice,
signed at Luxembourg on 3 June 1971, as amended by the Conventions of Accession
to the said Convention and the said Protocol by the States acceding to the European
Communities, all of these Conventions and the Protocol being hereinafter referred to
as the "Brussels Convention".
2. However, this Convention shall in any event be applied:
(a) in matters of jurisdiction, where the defendant is domiciled in the
territory of a Contracting State which is not a member of the European
Communities, or where Articles 16 or 17 of this Convention confer a jurisdiction
on the courts of such a Contracting State;
(b) in relation to a lis pendens or to related actions as provided for in
Articles 21 and 22, when proceedings are instituted in a Contracting State which
is not a member of the European Communities and in a Contracting State which
is a member of the European Communities;
(c) in matters of recognition and enforcement, where either the State
of origin or the State addressed is not a member of the European Communities.
3. In addition to the grounds provided for in Title III recognition or
enforcement may be refused if the ground of jurisdiction on which the judgement has
been based differs from that resulting from this Convention and recognition or
enforcement is sought against a party who is domiciled in a Contracting State which
is not a member of the European Communities, unless the judgement may otherwise
be recognised or enforced under any rule of law in the State addressed.
Article 55
Subject to the provisions of the second paragraph of Article 54 and of Article 56,
this Convention shall, for the States which are parties to it, supersede the following
conventions concluded between two or more of them:
- the Convention between the Swiss Confederation and France on
jurisdiction and enforcement of judgements in civil matters, signed at Paris on 15
June 1869,
- the Treaty between the Swiss Confederation and Spain on the
mutual enforcement of judgements in civil or commercial matters, signed at
Madrid on 19 November 1896,
- the Convention between the Swiss Confederation and the German
Reich on the recognition and enforcement of judgements and arbitration awards,
signed at Berne on 2 November 1929,
- the Convention between Denmark, Finland, Iceland, Norway and
Sweden on the recognition and enforcement of judgements, signed at
Copenhagen on 16 March 1932,
- the Convention between the Swiss Confederation and Italy on the
recognition and enforcement of judgements, signed at Rome on 3 January 1933,
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  67
- the Convention between Sweden and the Swiss Confederation on
the recognition and enforcement of judgements and arbitral awards signed at
Stockholm on 15 January 1936,
- the Convention between the Kingdom of Belgium and Austria on
the reciprocal recognition and enforcement of judgements and authentic
instruments relating to maintenance obligations, signed at Vienna on 25 October
1957,
- the Convention between the Swiss Confederation and Belgium on
the recognition and enforcement of judgements and arbitration awards, signed at
Berne on 29 April 1959,
- the Convention between the Federal Republic of Germany and
Austria on the reciprocal recognition and enforcement of judgements,
settlements and authentic instruments in civil and commercial matters, signed at
Vienna on 6 June 1959,
- the Convention between the Kingdom of Belgium and Austria on
the reciprocal recognition and enforcement of judgements, arbitral awards and
authentic instruments in civil and commercial matters, signed at Vienna on 16
June 1959,
- the Convention between Austria and the Swiss Confederation on
the recognition and enforcement of judgements, signed at Berne on 16 December
1960,
- the Convention between Norway and the United Kingdom
providing for the reciprocal recognition and enforcement of judgements in civil
matters, signed at London on 12 June 1961,
- the Convention between the United Kingdom and Austria
providing for the reciprocal recognition and enforcement of judgements in civil
and commercial matters, signed at Vienna on 14 July 1961, with amending
Protocol signed at London on 6 March 1970,
- the Convention between the Kingdom of the Netherlands and
Austria on the reciprocal recognition and enforcement of judgements and
authentic instruments in civil and commercial matters, signed at the Hague on 6
February 1963,
- the Convention between France and Austria on the recognition and
enforcement of judgements and authentic instruments in civil and commercial
matters, signed at Vienna on 15 July 1966,
- the Convention between Luxembourg and Austria on the
recognition and enforcement of judgements and authentic instruments in civil
and commercial matters, signed at Luxembourg on 29 July 1971,
- the Convention between Italy and Austria on the recognition and
enforcement of judgements in civil and commercial matters, of judicial
settlements and of authentic instruments, signed at Rome on 16 November 1971,
68 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
- the Convention between Norway and the Federal Republic of
Germany on the recognition and enforcement of judgements and enforceable
documents, in civil and commercial matters, signed at Oslo on 17 June 1977,
- the Convention between Denmark, Finland, Iceland, Norway and
Sweden on the recognition and enforcement of judgements in civil matters,
signed at Copenhagen on 11 October 1977,
- the Convention between Austria and Sweden on the recognition
and enforcement of judgements in civil matters, signed at Stockholm on 16
September 1982,
- the Convention between Austria and Spain on the recognition and
enforcement of judgements, settlements and enforceable authentic instruments in
civil and commercial matters, signed at Vienna on 17 February 1984,
- the Convention between Norway and Austria on the recognition
and enforcement of judgements in civil matters, signed at Vienna on 21 May
1984, and
- the Convention between Finland and Austria on the recognition
and enforcement of judgements in civil matters, signed at Vienna on 17
November 1986.
Article 56
The Treaty and the conventions referred to in Article 55 shall continue to have
effect in relation to matters to which this Convention does not apply.
They shall continue to have effect in respect of judgements given and documents
formally drawn up or registered as authentic instruments before the entry into force
of this Convention.
Article 57
1. This Convention shall not affect any conventions to which the Contracting
States are or will be parties and which in relation to particular matters, govern
jurisdiction or the recognition or enforcement of judgements.
2. This Convention shall not prevent a court of a Contracting State which is
party to a convention referred to in the first paragraph from assuming jurisdiction in
accordance with that convention, even where the defendant is domiciled in a
Contracting State which is not a party to that convention. The court hearing the
action shall, in any event, apply Article 20 of this Convention.
3. Judgements given in a Contracting State by a court in the exercise of
jurisdiction provided for in a convention referred to in the first paragraph shall be
recognised and enforced in the other Contracting States in accordance with Title III
of this Convention.
4. In addition to the grounds provided for in Title III, recognition or
enforcement may be refused if the State addressed is not a contracting party to a
convention referred to in the first paragraph and the person against whom
recognition or enforcement is sought is domiciled in that State, unless the
judgements may otherwise be recognised or enforced under any rule of law in the
State addressed.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  69
5. Where a convention referred to in the first paragraph to which both the State
of origin and the State addressed are parties lays down conditions for the recognition
and enforcement of judgements, those conditions shall apply. In any event, the
provisions of this Convention which concern the procedure for recognition and
enforcement of judgements may be applied.
Article 58
(None)
Article 59
This Convention shall not prevent a Contracting State from assuming, in a
convention on the recognition and enforcement of judgements, an obligation towards
a third State not to recognise judgements given in other Contracting States against
defendants domiciled or habitually resident in the third State where, in cases
provided for in Article 4, the judgement could only be founded on a ground of
jurisdiction specified in the second paragraph of Article 3.
However, a Contracting State may not assume an obligation towards a third State
not to recognise a judgement given in another Contracting State by a court basing its
jurisdiction on the presence within that State of property belonging to the defendant,
or the seizure by the plaintiff of property situated there:
1. if the action is brought to assert or declare proprietary or possessory rights
in that property, seeks to obtain authority to dispose of it, or arises from another
issue relating to such property, or
2. if the property constitutes the security for a debt which is the subject-matter
of the action.
TITLE  VIII
Final Provisions
Article 60
The following may be parties to this Convention:
(a) States which, at the time of the opening of this Convention for
signature, are members of the European Communities or of the European Free
Trade Association;
(b) States which, after the opening of this Convention for signature,
become members of the European Communities or of the European Free Trade
Association;
(c) States invited to accede in accordance with Article 62 (1) (b).
Article 61
1. This Convention shall be opened for signature by the States members of the
European Communities or of the European Free Trade Association.
2. The Convention shall be submitted for ratification by the signatory States.
The instruments of ratification shall be deposited with the Swiss Federal Council.
3. The Convention shall enter into force on the first day of the third month
70 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
following the date on which two States, of which one is a member of the European
Communities and the other a member of the European Free Trade Association,
deposit their instruments of ratification.
4. The Convention shall take effect in relation to any other signatory State on
the first day of the third month following the deposit of its instrument of ratification.
Article 62
1. After entering into force this Convention shall be open to accession by:
(a) the States referred to in Article 60 (b),
(b) other States which have been invited to accede upon a request
made by one of the Contracting States to the depositary State. The depositary
State shall invite the State concerned to accede only if, after having
communicated the contents of the communications that this State intends to
make in accordance with Article 63, it has obtained the unanimous agreement of
the signatory States and the Contracting States referred to in Article 60 (a) and
(b).
2. If an acceding State wishes to furnish details for the purposes of Protocol
No. 1, negotiations shall be entered into to that end. A negotiating conference shall
be convened by the Swiss Federal Council.
3. In respect of an acceding State, the Convention shall take effect on the first
day of the third month following the deposit of its instrument of accession.
4. However, in respect of an acceding State referred to in paragraph 1 (a) or
(b), the Convention shall take effect only in relations between the acceding State and
the Contracting States which have not made any objections to the accession before
the first day of the third month following the deposit of the instrument of accession.
Article 63
Each acceding State shall, when depositing its instrument of accession,
communicate the information required for the application of Articles 3, 32, 37, 40,
41 and 55 of this Convention and furnish, if need be, the details prescribed during
the negotiations for the purposes of Protocol No 1.
Article 64
1. This Convention is concluded for an initial period of five years from the
date of its entry into force in accordance with Article 61 (3), even in the case of
States which ratify it or accede to it after that date.
2. At the end of the initial five-year period, the Convention shall be
automatically renewed from year to year.
3. Upon the expiry of the initial five-year period, any Contracting State may, at
any time, denounce the Convention by sending a notification to the Swiss Federal
Council.
4. The denunciation shall take effect at the end of the calendar year following
the expiry of a period of six months from the date of receipt by the Swiss Federal
Council of the notification of denunciation.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  71
Article 65
The following are annexed to this Convention:
- a Protocol No. 1, on certain questions of jurisdiction, procedure
and enforcement,
- a Protocol No. 2, on the uniform interpretation of the Convention,
- a Protocol No. 3, on the application of Article 57.
These Protocols shall form an integral part of the Convention.
Article 66
Any Contracting State may request the revision of this Convention. To that end,
the Swiss Federal Council shall issue invitations to a revision conference within a
period of six months from the date of the request for revision.
Article 67
The Swiss Federal Council shall notify the States represented at the Diplomatic
Conference of Lugano and the States who have later acceded to the Convention of:
(a) the deposit of each instrument of ratification or accession,
(b) the dates of entry into force of this Convention in respect of the
Contracting States,
(c) any denunciation received pursuant to Article 64,
(d) any declaration received pursuant to Article Ia of Protocol No. 1,
(e) any declaration received pursuant to Article Ib of Protocol No. 1,
(f) any declaration received pursuant to Article IV of Protocol No. 1,
(g) any communication made pursuant to Article VI of Protocol No. 1.
Article 68
This Convention, drawn up in a single original in the Danish, Dutch, English,
Finnish, French, German, Greek, Icelandic, Irish, Italian, Norwegian, Portuguese,
Spanish and Swedish languages, all fourteen texts being equally authentic, shall be
deposited in the archives of the Swiss Federal Council. The Swiss Federal Council
shall transmit a certified copy to the Government of each State represented at the
Diplomatic Conference of Lugano and to the Government of each acceding State.
72 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Protocol No. 1 on 
Certain Questions of Jurisdiction, Procedure and Enforcement
The High Contracting Parties have agreed upon the following provisions, which
shall be annexed to the Convention:
Article I
Any person domiciled in Luxembourg who is sued in a court of another
Contracting State pursuant to Article 5 (1) may refuse to submit to the jurisdiction of
that court. If the defendant does not enter an appearance the court shall declare of its
own motion that it has no jurisdiction.
An agreement conferring jurisdiction, within the meaning of Article 17, shall be
valid with respect to a person domiciled in Luxembourg only if that person has
expressly and specifically so agreed.
Article Ia
1. Switzerland reserves the right to declare, at the time of depositing its
instrument of ratification, that a judgement given in another Contracting State shall
be neither recognised nor enforced in Switzerland if the following conditions are
met:
(a) the jurisdiction of the court which has given the judgement is
based only on Article 5 (1) of this Convention, and
(b) the defendant was domiciled in Switzerland at the time of the
introduction of the proceedings; for the purposes of this Article, a company or
other legal person is considered to be domiciled in Switzerland if it has its
registered seat and the effective centre of activities in Switzerland, and
(c) the defendant raises an objection to the recognition or enforcement
of the judgement in Switzerland, provided that he has not waived the benefit of
the declaration foreseen under this paragraph.
2. This reservation shall not apply to the extent that at the time recognition or
enforcement is sought a derogation has been granted from Article 59 of the Swiss
Federal Constitution. The Swiss Government shall communicate such derogations to
the signatory States and the acceding States.
3. This reservation shall cease to have effect on 31 December 1999.
It may be withdrawn at any time.
Article Ib
Any Contracting State may, by declaration made at the time of signing or of
deposit of its instrument of ratification or of accession, reserve the right,
notwithstanding the provisions of Article 28, not to recognise and enforce
judgements given in the other Contracting States if the jurisdiction of the court of the
State of origin is based, pursuant to Article 16 (1) (b), exclusively on the domicile of
the defendant in the State of origin, and the property is situated in the territory of the
State which entered the reservation.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  73
Article II
Without prejudice to any more favourable provisions of national laws, persons
domiciled in a Contracting State who are being prosecuted in the criminal courts of
another Contracting State of which they are not nationals for an offence which was
not intentionally committed may be defended by persons qualified to do so, even if
they do not appear in person.
However, the court seised of the matter may order appearance in person; in the
case of failure to appear, a judgement given in the civil action without the person
concerned having had the opportunity to arrange for his defence need not be
recognised or enforced in the other Contracting States.
Article III
In proceedings for the issue of an order for enforcement, no charge, duty or fee
calculated by reference to the value of the matter in issue may be levied in the State
in which enforcement is sought.
Article IV
Judicial and extrajudicial documents drawn up in one Contracting State which
have to be served on persons in another Contracting State shall be transmitted in
accordance with the procedures laid down in the conventions and agreements
concluded between the Contracting States.
Unless the State in which service is to take place objects by declaration to the
Swiss Federal Council, such documents may also be sent by the appropriate public
officers of the State in which the document has been drawn up directly to the
appropriate public officers of the State in which the addressee is to be found. In this
case the officer of the State of origin shall send a copy of the document to the officer
of the State applied to who is competent to forward it to the addressee. The
document shall be forwarded in the manner specified by the law of the State applied
to. The forwarding shall be recorded by a certificate sent directly to the officer of the
State of origin.
Article V
The jurisdiction specified in Articles 6 (2) and 10 in actions on a warranty or
guarantee or in any other third party proceedings may not be resorted to in the
Federal Republic of Germany, in Spain, in Austria and in Switzerland. Any person
domiciled in another Contracting State may be sued in the courts:
- of the Federal Republic of Germany, pursuant to Articles 68, 72,
73 and 74 of the code of civil procedure (Zivilprozessordnung) concerning third-
party notices;
- of Spain, pursuant to Article 1482 of the civil code;
- of Austria, pursuant to Article 21 of the code of civil procedure
(Zivilprozessordnung) concerning third-party notices;
- of Switzerland, pursuant to the appropriate provisions concerning
third-party notices of the cantonal codes of civil procedure.
Judgements given in the other Contracting States by virtue of Article 6 (2) or
Article 10 shall be recognised and enforced in the Federal Republic of Germany, in
74 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Spain, in Austria and in Switzerland in accordance with Title III. Any effects which
judgements given in these States may have on third parties by application of the
provisions in the preceding paragraph shall also be recognised in the other
Contracting States.
Article Va
In matters relating to maintenance, the expression court includes the Danish,
Icelandic and Norwegian administrative authorities.
In civil and commercial matters, the expression court includes the Finnish
ulosotonhaltija/overexekutor.
Article Vb
In proceedings involving a dispute between the master and a member of the crew
of a sea-going ship registered in Denmark, in Greece, in Ireland, in Iceland, in
Norway, in Portugal or in Sweden concerning remuneration or other conditions of
service, a court in a Contracting State shall establish whether the diplomatic or
consular officer responsible for the ship has been notified of the dispute. It shall stay
the proceedings so long as he has not been notified. It shall of its own motion decline
jurisdiction if the officer, having been duly notified, has exercised the powers
accorded to him in the matter by a consular convention, or in the absence of such a
convention has, within the time allowed, raised any objection to the exercise of such
jurisdiction.
Article Vc
(None).
Article Vd
Without prejudice to the jurisdiction of the European Patent Office under the
Convention on the grant of European patents, signed at Munich on 5 October 1973,
the courts of each Contracting State shall have exclusive jurisdiction, regardless of
domicile, in proceedings concerned with the registration or validity of any European
patent granted for that State which is not a Community patent by virtue of the
provision of Article 86 of the Convention for the European patent for the common
market, signed at Luxembourg on 15 December 1975.
Article VI
The Contracting States shall communicate to the Swiss Federal Council the text of
any provisions of their laws which amend either those provisions of their laws
mentioned in the Convention or the lists of courts specified in Section 2 of Title III.
Protocol No. 2 on the 
Uniform Interpretation of the Convention
Preamble
- The High Contracting Parties,
- Having regard to Article 65 of this Convention,
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  75
- Considering the substantial link between this Convention and the
Brussels Convention,
- Considering that the Court of Justice of the European
Communities by virtue of the Protocol of 3 June 1971 has jurisdiction to give
rulings on the interpretation of the provisions of the Brussels Convention,
- Being aware of the rulings delivered by the Court of Justice of the
European Communities on the interpretation of the Brussels Convention up to
the time of signature of this Convention,
- Considering that the negotiations which led to the conclusion of
the Convention were based on the Brussels Convention in the light of these
rulings,
- Desiring to prevent, in full deference to the independence of the
courts, divergent interpretations and to arrive at as uniform an interpretation as
possible of the provisions of the Convention, and of these provisions and those
of the Brussels Convention which are substantially reproduced in this
Convention,
Have agreed as follows:
Article 1
The courts of each Contracting State shall, when applying and interpreting the
provisions of the Convention, pay due account to the principles laid down by any
relevant decisions delivered by courts of the other Contracting States concerning
provisions of this Convention.
Article 2
1. The Contracting Parties agree to set up a system of exchange of information
concerning judgements delivered pursuant to this Convention as well as relevant
judgements under the Brussels Convention. This system shall comprise:
- transmission to a central body by the competent authorities of
judgements delivered by courts of last instance and the Court of Justice of the
European Communities as well as judgements of particular importance which
have become final and have been delivered pursuant to this Convention or the
Brussels Convention;
- classification of these judgements by the central body including, as
far as necessary, the drawing up and publication of translations and abstracts;
- communication by the central body of the relevant documents to
the competent national authorities of all signatories and acceding States to the
Convention and to the Commission of the European Communities.
2. The central body is the Registrar of the Court of Justice of the European
Communities.
76 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Article 3
1. A standing Committee shall be set up for the purposes of this Protocol.
2. The Committee shall be composed of representatives appointed by each
signatory and acceding State.
3. The European Communities (Commission, Court of Justice and General
Secretariat of the Council) and the European Free Trade Association may attend the
meetings as observers.
Article 4
1. At the request of a Contracting Party, the depositary of the Convention shall
convene meetings of the Committee for the purpose of exchanging views on the
functioning of the Convention and in particular on
- the development of the case-law as communicated under the first
paragraph first indent of Article 2,
- the application of Article 57 of the Convention.
2. The Committee, in the light of these exchanges, may also examine the
appropriateness of starting on particular topics a revision of the Convention and
make recommendations.
Protocol No. 3 on the Application of Article 57
The High Contracting Parties have agreed as follows:
l. For the purposes of the Convention, provisions which, in relation to
particular matters, govern jurisdiction or the recognition or enforcement of
judgements and which are or will be contained in acts of the Institutions of the
European Communities shall be treated in the same way as the conventions referred
to in paragraph 1 of Article 57.
2. If one Contracting State is of the opinion that a provision contained in an act
of the Institutions of the European Communities is incompatible with the
Convention, the Contracting States shall promptly consider amending the
Convention pursuant to Article 66, without prejudice to the procedure established by
Protocol No. 2.
Declaration by the Representatives of the Governments of the State Signatories to
the Lugano Convention which are Members of the European Communities on
Protocol No. 3 on the Application of Article 57 of the Convention
Upon signature of the Convention on jurisdiction and the enforcement of
judgements in civil and commercial matters done at Lugano on 16 September 1988,
The Representatives of the Governments of the member states of the European
Communities,
Taking into account the undertakings entered into vis-a-vis the member states of
the European Free Trade Association,
Anxious not to prejudice the unity of the legal system set up by the Convention,
Declare that they will take all measures in their power to ensure, when Community
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  77
acts referred to in paragraph 1 of Protocol No. 2 on the application of Article 57 are
being drawn up, respect for the rules of jurisdiction and recognition and enforcement
of judgements established by the Convention.
Declaration by the Representatives of the Governments of the States Signatories to
the Lugano Convention which are Members of the European Communities
Upon signature of the Convention on jurisdiction and the enforcement of
judgements in civil and commercial matters done at Lugano on 16 September 1988.
The Representatives of the Governments of the member states of the European
Communities
Declare that they consider as appropriate that the Court of Justice of the European
Communities, when interpreting the Brussels Convention, pay due account to the
rulings contained in the case law of the Lugano Convention.
Declaration by the Representatives of the Governments of the States Signatories to
the Lugano Convention which are Members of the European Free Trade Association
Upon signature of the Convention on jurisdiction and the enforcement of
judgements in civil and commercial matters done at Lugano on 16 September 1988.
The Representatives of the Governments of the member states of the European
Free Trade Association
Declare that they consider as appropriate that their courts, when interpreting the
Lugano Convention, pay due account to the rulings contained in the case law of the
Court of Justice of the European Communities and of courts of the Member States of
the European Communities in respect of provisions of the Brussels Convention
which are substantially reproduced in the Lugano Convention.
78 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
SECOND SCHEDULE
Declarations and Oppositions
(Articles 5, 8, 21 and 42)
1. The Government of Malta declares, pursuant to Article 8 of the Convention
on the Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters (The Hague, 1965) that it is opposed to service of documents
within the territory of Malta effected directly through the diplomatic or consular
agents of other Contracting States, in accordance with the first paragraph of the said
Article 8, other than upon the national of the Contracting State effecting such
service.
2. The Government of Malta declares, pursuant to Article 10 of the Convention
on the Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters (The Hague, 1965), that it is opposed to the use by other
Contracting States of any of the methods of transmission and service of documents
mentioned in the said Article 10 within its territory.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  79
THIRD SCHEDULE 
(Articles 10, 12 and 13)
Part A
REQUEST FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL 
DOCUMENTS ORIGINATING OUTSIDE MALTA
Convention on the Service Abroad of Judicial and 
Extrajudicial Documents in Civil or Commercial Matters, 
signed at The Hague, on the 15th of November 1965.
The undersigned applicant has the honour to transmit - in duplicate - the
documents listed below and, in conformity with Article 5 of the above-mentioned
Convention, requests prompt service of one copy thereof on the addressee, i.e,
(identity and address)
...……………………………….....……………………………………………
……………………………………….....………………………………………
(a) in accordance with the provisions of sub-paragraph (a) of the first
paragraph of Article 5 of the Convention*.
(b) in accordance with the following particular method (sub-paragraph
(b) of the first paragraph of Article 5)*: ………….............………..
………………………………………………………………………….………
……………………………………………………………………….…………
(c) by delivery to the addressee, if he accepts it voluntarily (second
paragraph of Article 5)*.
The authority is requested to return or to have returned to the applicant a copy of
the documents - and of the annexes* - with a certificate as provided on the reverse
side.
List of documents
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
…………………………………………………………………………………
Done at .........................., the ........................
Signature and/or stamp.
* Delete if inappropriate.
Identity and address
of the applicant
Address of receiving
authority
80 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
Part B
REQUEST FOR SERVICE ABROAD OF JUDICIAL OR EXTRAJUDICIAL 
DOCUMENTS ORIGINATING IN MALTA
Request for Service Abroad of Judicial or Extrajudicial Documents
The undersigned applicant has the honour to transmit - in duplicate - the
documents listed below and, in conformity with article 12 of the Legal Procedures
(Ratification of Conventions) Act, 2001 requests prompt service of one copy thereof
on the addressee, i.e.
(identity and address)
..............................................................................................................................
..............................................................................................................................
(a) in accordance with the provisions of article 12 of the Act *.
(b) in accordance with the following particular method *.
..............................................................................................................................
..............................................................................................................................
The authority is requested to return or to have returned to the applicant a copy of
the documents - and of the annexes* - with a certificate as provided on the reverse
side.
List of documents
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
..............................................................................................................................
Done at ......................., the ....................
Signature and/or stamp
* Delete if inappropriate .
Identity and address of the applicant Address of receiving authority
(If they are not in the English language, the request and the documents must be
accompanied by two certified translations thereof in the English language.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  81
Reverse of the request
CERTIFICATE
(Article 13)
The undersigned authority has the honour to certify, in conformity with article 13
of the Act, 
(1) that the document has been served*
• the (date)
.........................................................................................................................
• at (place, street, number)
.........................................................................................................................
.........................................................................................................................
- - in one of the following methods:
(a) in accordance with the provisions of article 12 of the Act*.
(b) in accordance with the following particular method*:
.........................................................................................................................
.........................................................................................................................
The documents referred to in the request have been delivered to:
• (identity and description of person)
• .......................................................................................................
.........................................................................................................................
• relationship to the addressee (family, business or other):
• .......................................................................................................
.........................................................................................................................
.........................................................................................................................
(2) that the document has not been served, by reason of the following facts*.
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
In conformity with article 14 of the Act, the applicant is requested to pay or
reimburse the costs and expenses detailed in the attached statement.
Annexes
Documents returned:
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
In appropriate cases, documents establishing the service:
.........................................................................................................................
82 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
.........................................................................................................................
Done at ......................., the ....................
Signature and/or stamp
* Delete if inappropriate .
Summary of the Document to be Served
(Article 12(2))
Name and address of the requesting authority/officer/person:
.........................................................................................................................
.........................................................................................................................
Particulars of the parties*:
.........................................................................................................................
.........................................................................................................................
Judicial Document **
Nature and purpose of the document:
.........................................................................................................................
.........................................................................................................................
Nature and purpose of the proceedings and, where appropriate, the amount in
dispute:
.........................................................................................................................
.........................................................................................................................
Date and place of entering appearance**:
.........................................................................................................................
.........................................................................................................................
Court which has given judgement**:
.........................................................................................................................
.........................................................................................................................
Date of judgement**:
.........................................................................................................................
Time-limits stated in the document**:
.........................................................................................................................
Extrajudicial Document **
Nature and purpose of the document:
.........................................................................................................................
.........................................................................................................................
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  83
Time-limits stated in the document**:
.........................................................................................................................
.........................................................................................................................
* If appropriate, identity and address of the person interested in the transmission of the
document.
**Delete if inappropriate.
84 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
FOURTH SCHEDULE
(Articles 22 and 42)
Reservation
The Government of Malta declares, pursuant to Article 28 of the Convention on
the International Access to Justice (The Hague, 1980), that it excludes the
application of Article 1 of the said Convention in the case of persons who are not
nationals of a Contracting State but who have their habitual residence in a
Contracting State other than Malta or formerly had their habitual residence in Malta,
if there is no reciprocity of treatment between Malta and the State of which the
applicants for legal aid are nationals.
LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS) [ CAP. 443.  85
FIFTH SCHEDULE
(Article 44)
Consequential amendments
First Column Second Column
1. Rules of Court made by 
Govt. Notice 381 of 1911 
consolidated in S.L. 12.02
Rule 3 and Form 3 in the Schedule to the Rules shall be
deleted.
2. Rules of Court made by 
Govt. Notice 423 of 1930 - 
consolidated in S.L. 12.02
Rule 5 shall be deleted and substituted by the following:
''5.Where a request is made for the application of a
special method of procedure, the Court of Appeal shall order
such method of procedure to be followed, unless this is
incompatible with the internal law of the State of execution or
it is impossible of performance by reason of its internal
practice and procedure or by reason of practical difficulties.''.
3. Code of Organization and 
Civil Procedure - Cap. 12.
(a)in article 742(2), for the words ''The jurisdiction of the
courts'', there shall be substituted the words ''Save as
otherwise expressly provided by law, and in particular by Part
V of the Legal Procedures (Ratification of Conventions) Act,
2001, the jurisdiction of the courts'';
(b)in article 743(1), for the words ''The party against whom
the defendant'', there shall be substituted the words ''Subject
to the provisions of subarticle (3), the party against whom the
defendant'';
(c)in article 743, immediately after subarticle (2) thereof,
there shall be inserted the following new subarticle:
 ''(3)In cases governed by Part V of the Legal
Procedures (Ratification of Conventions) Act, 2001, the
provisions thereof shall apply.''; and
(d)article 826 shall be deleted and substituted by the
following new article:
 ''826.Saving the provisions of the British Judgements
(Reciprocal Enforcement) Act, the Child Abduction and
Custody Act, 1999, and the Legal Procedures (Ratification of
Conventions) Act, 2001, and of any other special law making
special provision to particular kinds of judgements or to
judgements emanating from particular jurisdictions, any
judgement delivered by a competent court outside Malta and
constituting a  res judicata  may be enforced by the competent
court in Malta, in the same manner as judgements delivered
in Malta, upon a writ of summons containing a demand that
the enforcement of such judgement be ordered.''.
86 [ CAP. 443. LEGAL PROCEDURES (RATIFICATION OF CONVENTIONS)
4. Consumer Affairs Act - 
Cap. 378.
(a)In article 16(1), for the words ''respectively.'', there shall
be substituted the words ''respectively, with jurisdiction to
hear and determine claims in accordance with the relevant
provisions of Part V of the Legal Procedures (Ratification of
Conventions) Act, 2001, the provisions of article 742(1) of
the Code of Organization and Civil Procedure, in so far as
applicable, and the following provisions of this article.'' and
(b)immediately after subarticle (5) of the said article 16,
there shall be added the following new subarticles:
''(6)Where the transaction to which the claim refers is
concluded between a person domiciled in Malta and a person
domiciled outside Malta, and the jurisdiction of the respective
tribunals in Malta and in Gozo cannot be ascertained in
accordance with the preceding subarticles of this article,
jurisdiction shall vest in the Consumer Affairs Tribunal
(Malta).
 (7)For the purposes of subarticle (6), the term
''domiciled'' shall be construed within the meaning assigned
to the term in the Legal Procedures (Ratification of
Conventions) Act, 2001.''.
