CIDIP:
This Convention was adopted at the Third Inter-American
Specialized Conference on Private International Law (CIDIP-III),
held in La Paz, Bolivia, May 1984.
Ratifications:
To date, the following countries have ratified this
Convention: [click
here]
Objective:
The
purpose of this Convention is to establish a framework
for the extraterritorial validity of foreign judgments
in order to prevent jurisdictional disputes between
States party.
Summary:
This
Convention establishes applicable rules for the
various types of legal proceedings.
With regard to actions against individuals
(“actions in persona”) for a money judgment, the
Convention will apply under the following circumstances:
1)
in
an action against a natural person, the Convention will
apply if at the time at which the action was initiated
such defendant had his domicile or habitual residence in
the territory of the State Party in which judgment was
rendered or, if the defendant is a juridical person, if
its principal place of business is in that jurisdiction;
2) in an action against a private non-commercial or
business enterprise, the Convention will apply if at the
time the action was initiated such defendant had its
principal place of business in the State Party in which
judgment was rendered or if the defendant was created or
incorporated in that State Party; 3) in an action
against a branch, agency, or affiliate of a private
non-commercial or business enterprise, the Convention
will apply if the activities that gave rise to such
action took place in the State Party in which judgment
was rendered; or 4) in the case of non-exclusive fora
permitting submission to other fora, the Convention will
apply if the defendant either consented in writing to
the jurisdiction of the judicial or other adjudicatory
authority that rendered the judgment or, despite making
an appearance, failed to submit a timely challenge to
the jurisdiction of that authority.
With
regard to actions relating to tangible movable property,
the Convention will apply under the following
circumstances:
1) if, at the time the action was initiated, the
property in question was located in the territory of the
State Party in which the judgment was rendered; or 2) if
there is a basis for application of the Convention under
the criteria for actions against persons.
With
regard to actions relating to immovable property
(“real property”), the Convention will apply if the
property, is located in the territory of the State Party
in which the judgment was rendered.
With
regard to actions arising from an international business
contract, the Convention will apply if parties
agreed in writing to submit to the jurisdiction of the
State Party in which the judgment was rendered, provided
that such jurisdiction was not established in an abusive
manner and had a reasonable connection with the subject
of the action.
With
regard to counterclaims, the Convention will apply under
the following circumstances:
1) if there is a basis for application of the
Convention under the criteria for actions against
persons or actions against property, as described above,
had the counterclaim been brought as an independent
action; and 2)
if the principal claim is satisfied by one of the
foregoing provisions and the counterclaim arose out of
the transaction or occurrence on which the principal
claim was based.