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 60
Page 4
... Personal Jurisdiction 20 d. Inconvenient Forum 21 3. Default Judgments and Foreign Long-Arm Statutes 21 a. Default Judgments 21 b. Foreign Long-Arm or Exorbitant Jurisdiction Statutes 22 4. Non-Judicial Dispute Resolution Clauses 23 5 ...
... Personal Jurisdiction 20 d. Inconvenient Forum 21 3. Default Judgments and Foreign Long-Arm Statutes 21 a. Default Judgments 21 b. Foreign Long-Arm or Exorbitant Jurisdiction Statutes 22 4. Non-Judicial Dispute Resolution Clauses 23 5 ...
Page 7
... personal jurisdiction r No subject matter jurisdiction r Court rendering 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 ...
... personal jurisdiction r No subject matter jurisdiction r Court rendering 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 ...
Page 9
... personal jurisdiction is minimum contacts with the forum state, fair play, and substantial justice (the “minimum contacts test”). Although this standard is easily met in the above situation, issues of personal jurisdiction may ...
... personal jurisdiction is minimum contacts with the forum state, fair play, and substantial justice (the “minimum contacts test”). Although this standard is easily met in the above situation, issues of personal jurisdiction may ...
Page 18
... personal jurisdiction: (1) The defendant was personally served in the foreign state; (2) The defendant voluntarily appeared and submitted to personal jurisdiction;38 (3) The defendant agreed to submit before the proceeding to the ...
... personal jurisdiction: (1) The defendant was personally served in the foreign state; (2) The defendant voluntarily appeared and submitted to personal jurisdiction;38 (3) The defendant agreed to submit before the proceeding to the ...
Page 20
... jurisdiction; r In the language of the jurisdiction where defendant is served;49 r That defendant is being sued; r ... personal jurisdiction: Lack of jurisdiction as defined by the United States Supreme Court is the most powerful weapon ...
... jurisdiction; r In the language of the jurisdiction where defendant is served;49 r That defendant is being sued; r ... personal jurisdiction: Lack of jurisdiction as defined by the United States Supreme Court is the most powerful weapon ...
Contents
on the Practical Operation of the Hague Apostille Evidence and Service | 479 |
PART THREE | 564 |
B General Provisions of the American Law Institute Project | 577 |
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
Abroad accession accordance action addressed adopted amount Apostille appeal apply apply the Convention arbitral Article authenticated award Central Authority certificate choice of court chosen court Civil claim Competent Authority concerned concluded Conference considered Contracting Convention copy court agreement covered damages decision defendant Department deposit designated determine District documents Draft effect Enforcement of Foreign entered into force Evidence example exception exclusive execution Federal foreign country foreign judgment foreign money give given Government Hague interest International Law Islands issue Italy judicial jurisdiction Justice matters means Ministry notice obligations obtain Office origin paragraph party person practice present Private procedure proceedings question reason reciprocity recognition and enforcement recognized referred regard relating rendered Republic request respect rules Secretary served specified supra note territory treaty Uniform United
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.