Lloyd's Maritime and Commercial Law Quarterly
INTERNATIONAL CONVENTION
CONVENTION
BETWEEN THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE REPUBLIC OF ITALY FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS. SIGNED AT ROME ON FEB. 7, 1964 WITH AMENDING PROTOCOL SIGNED AT ROME ON JULY 14, 1970.
Instruments of ratification were exchanged on Oct. 15, 1973, and the Convention as amended by the Protocol entered into force on Jan. 16, 1974.
Her Majesty The Queen of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Head of the Commonwealth, and the President of the Republic of Italy, Desiring to provide on the basis of reciprocity for the recognition and enforcement of judgments in civil and commercial matters;
Have resolved to conclude a Convention for this purpose and to that end have appointed as their Plenipotentiaries:
Her Majesty The Queen of the United Kingdom of Great Britain and Northern Ireland and of Her other Realms and Territories, Head of the Commonwealth (hereinafter referred to as Her Majesty):
For the United Kingdom of Great Britain and Northern Ireland:
H.E. Sir John Guthrie Ward, Her Majesty’s Ambassador Extraordinary and Plenipotentiary at Rome, The President of the Republic of Italy:
H.E. the Hon. Giuseppe Lupis, Under-Secretary for Foreign Affairs, Who, having communicated to each other their respective Full Powers found in good and due form, have agreed as follows:
General
Article I
For the purposes of the present Convention:
- (1) The territories of one (or of the other) High Contracting Party means
- (a) in relation to the United Kingdom, England and Wales, Scotland, Northern Ireland, and any territories to which the Convention shall have been extended under Article X; and
- (b) in relation to the Republic of Italy, Italy.
- (2) The word “judgment” means any decision of a court, however described (judgment, order and the like), which is final and conclusive as between the parties thereto notwithstanding that it may still be subject to appeal.
- (3) The words “original court” mean in relation to any judgment the court by which the judgment was given; and the words “court applied to”, the court in which it is sought to obtain recognition of a judgment or to which an application for the registration of a judgment or for the grant of a dichiarazione di efficacia is made.
- (4) The words “judgment debtor” mean the person against whom the judgment was given in the original court and include, where necessary, any person against whom such judgment is enforceable under the law of the country of the original court; and the words “judgment creditor”, the person in whose favour the judgment was given, and include, where necessary, any other person in whom the rights under the judgment have become vested.
109