Revista da EMERJ - V. 22 - N.3 - Setembro/Dezembro - 2020
53 R. EMERJ, Rio de Janeiro, v. 22, n. 3, p. 9-68, Setembro-Dezembro. 2020 “exorbitant jurisdiction” of the Court of First Instance, which, ac- cording to that article, does not constitute a legitimate reason for rejecting a request for recognition of a foreign judgment, unless both parties have the nationality of State recognition. Finally, in relation to the 1980 Luxembourg Convention on “Recognition and Enforcement of Custody Decisions” 209 , art. 10 par. 1 of the Convention identifies certain arrangements different from ordinary law. In particular, it is stipulated that if, owing to a change in the circumstances (not including a mere change in the child’s residence due to an illegal movement), the effects of the original decision are no longer in conformity with the child’s interest, then recognition and enforcement of this judgment may be refuted by a Contracting State (sub par. b). In addition, this right is granted to the Contracting States when either the child has the nationality of the requested State or has been habitually resident in that State, while no such link existed with the issuing State, either the child had at the same time the nationality of the issuing State and the requested State and his habitual residence in the requested State (sub par. c). We see, therefore, that in these cases the Convention places particular emphasis on the nationa- lity or habitual residence of the child, thus building a “firewall” on the jurisdiction of the competent Courts. 16. LEGAL FRAMEWORK FOR RECOGNITION AND EN- FORCEMENT OF FOREIGN ARBITRATION DECISIONS In addition to the recognition and enforcement of foreign judgments, the second part of Turkish Code of Private Interna- tional and Procedural Law and in particular articles 60 to 63, refers to the recognition and enforcement of foreign arbitration judgments (yabancı hakem kararları). The reference to specific articles of the Law in arbitration judgments reveals the impor- tance that the legislator has given to the need to apply foreign arbitration decisions. 209 “Convention européenne sur la reconnaissance et l’exécution des décisions en matière de garde des enfants et le rétablissement de la garde des enfants” which was ratified by the Turkish National Assembly and came into force on 2.11.1999, and Greece had already ratified it by Law 2104/1992.
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