A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and AbroadCambridge University Press, 25. dets 2006 This 2007 book assists the practitioner seeking to enforce a foreign judgment in the United States or a US-rendered judgment abroad in navigating the lack of procedural uniformity that exists and in planning strategies likely to ensure effective enforcement. As a handbook, it provides the practitioner with a framework and resources with which to approach and further research the laws of the relevant state or country. In Part One, the guide takes the practitioner chronologically through the process of obtaining a US court's recognition and enforcement of judgments rendered abroad. Part Two takes the practitioner through the process of obtaining an overseas jurisdiction's recognition and enforcement of judgments rendered in the United States. Part Three assesses the current trends in the US and in the international trade environment regarding enforcement of judgments which may be made by foreign courts. |
From inside the book
Results 1-5 of 79
Page 5
... Foreign Money- Judgments Recognition Act (abbreviated as UFMJRA, but hereinafter Recognition Act) proscribes procedures through which a foreign country judgment is converted into a judgment of a U.S. court and receives the same status ...
... Foreign Money- Judgments Recognition Act (abbreviated as UFMJRA, but hereinafter Recognition Act) proscribes procedures through which a foreign country judgment is converted into a judgment of a U.S. court and receives the same status ...
Page 6
... foreign citizen to sue a compatriot (who happens to reside in the United States), for enforcement of a foreign judgment. In such a case, only state court will have subject matter jurisdiction to entertain the suit. If you can choose ...
... foreign citizen to sue a compatriot (who happens to reside in the United States), for enforcement of a foreign judgment. In such a case, only state court will have subject matter jurisdiction to entertain the suit. If you can choose ...
Page 7
... judgment was not impartial or due process violated. □ Could the judge choose not to recognize the judgment on a discretionary basis? r Insufficient notice by foreign court. r Judgment obtained by fraud. r Cause of action violates your ...
... judgment was not impartial or due process violated. □ Could the judge choose not to recognize the judgment on a discretionary basis? r Insufficient notice by foreign court. r Judgment obtained by fraud. r Cause of action violates your ...
Page 10
... judgment creditor has the burden of proving that the court should recognize the foreign judgment.10 Show that the authenticated foreign judgment confirms that a foreign court had proper ... Foreign Country Judgments in the United States.
... judgment creditor has the burden of proving that the court should recognize the foreign judgment.10 Show that the authenticated foreign judgment confirms that a foreign court had proper ... Foreign Country Judgments in the United States.
Page 11
... foreign judgments, nor are there any relevant federal statutes; therefore, state law, under the Erie doctrine, governs foreign country judgments in federal court, as well as state court.17 B. EVIDENTIARY REQUIREMENTS: COPY OF THE JUDGMENT ...
... foreign judgments, nor are there any relevant federal statutes; therefore, state law, under the Erie doctrine, governs foreign country judgments in federal court, as well as state court.17 B. EVIDENTIARY REQUIREMENTS: COPY OF THE JUDGMENT ...
Contents
The States signatory to the present Convention | 191 |
CONVENTION ABOLISHING THE REQUIREMENT OF LEGALISATION | 200 |
US Department of State | 204 |
de la justice Château | 231 |
US Department of State | 238 |
US Department of State | 282 |
11 | 322 |
ANNEX I | 368 |
Act Without Commentary 8 | 395 |
8 International Jurisdiction and Judgments | 396 |
Act Without Commentary 9 | 397 |
9 International Jurisdiction and Judgments | 398 |
Act Without Commentary 10 | 399 |
10 International Jurisdiction and Judgments | 400 |
Act Without Commentary 10 | 401 |
10 International Jurisdiction and Judgment | 402 |
RECOMMENDED FORM | 372 |
2 This Court awarded the following payment of money Please | 373 |
481 Recognition and Enforcement of Foreign Judgments | 381 |
The Foreign Judgments Recognition | 385 |
2 International Jurisdiction and Judgments | 386 |
Act Without Commentary 3 | 387 |
4 International Jurisdiction and Judgments | 388 |
Act Without Commentary 5 | 389 |
5 International Jurisdiction and Judgments | 390 |
Act Without Commentary 6 | 391 |
6 International Jurisdiction and Judgments | 392 |
Act Without Commentary 7 | 393 |
7 International Jurisdiction and Judgments | 394 |
Act Without Commentary 11 | 403 |
11 International Jurisdiction and Judgments | 404 |
Act Without Commentary 13 | 405 |
Enforcement of Judgments Abroad | 413 |
IV UNDERSTANDING FOREIGN ENFORCEMENT FRAMEWORKS | 423 |
practitioners to follow in obtaining overseas recognition enforcement and execution | 424 |
Instruments Laws and Other | 479 |
The Future of Enforcing | 563 |
II HAGUE CONVENTION ON EXCLUSIVE CHOICE OF COURT AGREEMENTS | 567 |
that the convention would take a mixed form Still the | 569 |
III INTERNATIONAL JURISDICTION AND JUDGMENTS PROJECT | 576 |
IV REVISION OF THE UNIFORM FOREIGNMONEY JUDGMENT | 581 |
Other editions - View all
A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and ... Robert E. Lutz No preview available - 2013 |
Common terms and phrases
Apostille apply the Convention arbitral awards authenticated certificate choice of court chosen court Civil or Commercial Commercial Matters Competent Authority Conference on Private consular Contracting court addressed court agreement damages declaration defendant Designated Authority effect Enforcement of Foreign entered into force Evidence Abroad example exclusive choice execution extrinsic fraud Federal final Foreign Affairs foreign country judgment foreign court foreign judgment foreign money foreign-money claim Hague Conference Hague Convention Hague Evidence Convention Hague Service Convention incidental question Int’l issue judgment creditor judgment debtor Lugano Convention Ministry of Foreign Ministry of Justice Netherlands Office paragraph of Article party personal jurisdiction plaintiff preliminary draft Convention present Convention Private International Law procedure public policy ratification Recognition Act recognition and enforcement recognition or enforcement recognized Registrar Republic rules Secretary Section service of process signature sub-paragraph Supp supra note territory treaty U.S. court Uniform United Kingdom United States dollars
Popular passages
Page 282 - A State Party may denounce this Convention by written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the SecretaryGeneral.
Page 492 - Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters or of the 1980 Rome Convention on the law applicable to contractual obligations'.
Page 271 - All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition.
Page 275 - States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.
Page 253 - ... dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
Page 289 - State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration.
Page 281 - State, the following provisions shall apply: (a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal authority, the obligations of the federal Government shall to this extent be the same as those of Contracting States which are not federal States...
Page 280 - State concerned. 2 At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.