A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and AbroadCambridge 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. |
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 |
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 Article 21 authenticated Central Authority certificate choice of court chosen court Civil and Commercial Civil or Commercial Commercial Matters Competent Authority Contracting court addressed court agreement court of origin damages declaration defendant Designated Authority domiciled Economic Integration Organisation effect Enforcement of Foreign enforcement of judgments entered into force exclusive choice extrinsic fraud Federal Foreign Affairs foreign country foreign court foreign judgment foreign money foreign-country judgment foreign-money claim Government Hague Conference Hague Convention Hague Evidence Convention Hague Service Convention incidental question INT'L issue judgment creditor judgment debtor judicial Litigation Lugano Convention Ministry of Foreign Netherlands Office paragraph of Article party personal jurisdiction plaintiff present Convention Private International Law public policy Recognition Act recognition and enforcement recognition or enforcement Republic rules Secretary Section service of process sub-paragraph Supp supra note treaty U.S. court UEFJA Uniform United Kingdom United States dollars
Popular passages
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...