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Enforcement Of Judgements

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Chapter Summary

An understanding of the rules and concepts of enforcement of judgments will enable the lawyer handling transnational issues to better advise clients at the pre-litigation stage of the dispute. In determining the extent of recognition and enforceability of foreign court judgments, United States courts follow the principle of international comity. United States courts have cautioned that their decrees may not be recognized or enforced by foreign courts if defendants have not been properly served under that country's notion of judicial sovereignty. Reciprocity may be a relevant consideration in evaluating whether recognition and enforcement are compatible with U.S. public policy. United States courts have been reluctant to deny recognition to foreign judgments under the public policy exception because of a mere difference in procedure. In 1962, the National Conference of Commissioners on Uniform State Laws adopted the Uniform Foreign Money-Judgments Recognition Act.

Keywords: foreign court judgments; international comity; public policy exception; Uniform Foreign Money-Judgments Recognition Act; United States courts

10.1163/ej.9789004178854.i-556.136
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