Page:Choice of Court Agreements Act 2016.pdf/18

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18
NO. 14 OF 2016


Judgment based on contract of insurance or reinsurance

18. The High Court may not limit or refuse the recognition or enforcement of a foreign judgment in respect of liability under the terms of a contract of insurance or reinsurance on the ground that the liability under the contract includes liability to indemnify the insured or reinsured in respect of—

(a) a matter to which this Act does not apply; or
(b) an award of damages to which section 16 may apply.

Recognition and enforcement of severable part of judgment

19. Subject to sections 13 to 17, the High Court must recognise, or recognise and enforce, a severable part of a foreign judgment if—

(a) an application is made for the recognition, or recognition and enforcement, as the case may be, of that part; or
(b) only that part is capable of being recognised, or recognised and enforced, as the case may be, under this Act.

Judicial settlements

20.—(1) An application may be made to the High Court for a judicial settlement to be enforced in the same manner and to the same extent as a judgment issued by that Court.

(2) The High Court must enforce a judicial settlement only if—

(a) the judicial settlement—
(i) was approved by a chosen court designated in an exclusive choice of court agreement between the parties to the settlement; or
(ii) was concluded before the chosen court mentioned in sub‑paragraph (i) in the course of proceedings before that court; and
(b) the judicial settlement is enforceable in the same manner and to the same extent as a judgment in the State of origin.

(3) The High Court must refuse to enforce a judicial settlement, or must set aside an order (made pursuant to an application under