A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad

Front Cover
Cambridge 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

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

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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.

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