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

Front Cover
Cambridge University Press, 2007 - 630 pages
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

PART ONE ENFORCING FOREIGN COUNTRY JUDGMENTS
6
Copy of the Judgment
11
B The Complaint
16
Default Judgments and Foreign LongArm Statutes
21
Extrinsic and Intrinsic Fraud
27
Other Conversion Methods
28
Filing Satisfaction of Judgment
33
16
38
Documentation for Enforcement
420
Conclusion
436
Instruments Laws and Other Materials
479
PART THREE THE FUTURE OF ENFORCING FOREIGN JUDGMENTS
563
9
566
B The 1999 Draft Convention on Jurisdiction and Judgments
569
International Jurisdiction and Judgments Project of the American
576
B Proposed Revisions
582

Instruments Laws and Other Materials
71
19
112
PART TWO ENFORCEMENT OF JUDGMENTS ABROAD
413

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Page 473 - Persons domiciled in a Contracting State may be sued in the courts of another Contracting State only by virtue of the rules set out in Sections 2 to 6 of this Title...
Page 459 - ACCOUNT the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters...

About the author (2007)

Robert E. Lutz is Professor of Law at Southwestern University School of Law in Los Angeles, California. He has held the Treusch and Buchalter Chairs at the law school and teaches a wide range of public international law, international commercial law and dispute-resolution subjects. He is a member of the American Law Institute, the Pacific Council on International Policy (affiliate of the Council on Foreign Relations), and a Fellow of the American Bar Foundation. He arbitrates public international and private international commercial disputes, and actively serves on NAFTA binational arbitration panels and is a listed panelist for the World Trade Organization. He has authored numerous articles, books and legislation including a leading textbook which he co-authored called International Environment Law & Policy (Aspen, 1998).

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