considers the exclusive jurisdiction clause to be invalid. If 'A' brings proceedings, the English court will not recognise the judgment of a New York court regardless of whether 'B' attends the foreign jurisdiction to contest the jurisdiction of the New York court. Section 33 of the Civil Jurisdiction and Judgments Act 1982 altered the previous common law approach. It provided a defence to attending a foreign court for the purposes of challenging the jurisdiction of the court. There is considerable academic debate as to whether, after the foreign court determines jurisdiction, party 'B' can continue to forward a defence so long as he contests jurisdiction at every opportunity. In doing so, the defendant may well have the opportunity to enjoy two attempts at defending the action, first seeking to defend the action abroad, and secondly operating with the confidence that they will be protected by Section 33 of the 1982 Act. Defences to English recognition Should a defendant seek to defend against recognition of a foreign judgment, several defences exist which might prevent the English court from recognising the action. The primary gateway for defending recognition in the English courts is that of fraud, which is said to unravel all foreign judgments. A judgment will be denied recognition as res judicata and there can therefore be no question of its enforcement if any of the defences allowed by English international private law are made out. The English court does not review the merits of the foreign judgment. One cannot claim that the foreign court failed to consider facts. It is also not possible to argue that the foreign court reached the wrong decision on the facts. The court is further not concerned with the competence of the issuing court. Six possible defences exist: Disregard of arbitration or choice of court agreements Lack of local jurisdiction Fraud Breach of procedural fairness Public policy Prior English judgment Common law enforcement The only foreign judgment which can be enforced in England is a money judgment for which a party will sue on the debt. Should a foreign court apply specific performance, a party may sue in England on the same cause of action as the foreign judgment and use the foreign judgment on the merits to seek a similar order from the English courts. It is the obligation, not the judgment, that is enforced. Only final judgments for fixed sums of money can