Commentary on Sections Section 7 – Exception for overriding EU or international obligations
32.Section 5 applies the Act to certain foreign judgments or arbitration awards. The UK is obliged to enforce foreign judgments and awards under a number of international instruments. The reduction in this Act will apply where, under the relevant international instruments (for example EU Regulation 44/2001 – ‘Judgments Regulation’), the UK is entitled to refuse to enforce judgments and awards, where to do so would be contrary to the UK’s public policy.
33.Section 7 excludes foreign judgments and arbitration awards from the effects of the Act where the UK is obliged under international instruments to enforce them in full, even where such enforcement is contrary to the UK’s public policy.
34.Subsection (2) (a) and (b) exclude from the Act two procedures for fast-track enforcement under EU Regulations. Both procedures apply only to uncontested claims.