Enforcement of foreign judgements

In English law, there is a clear distinction between Recognition of foreign judgments, and enforcement of foreign judgments. Recognition means treating the claim as having been determined in favour of one of the litigating parties. This is an acknowledgment of foreign competence and of the settling of a dispute, known as res judicata.

Enforcement of foreign judgements

Authentication of American Academic Credentials for Use Abroad Enforcement of Judgments In many foreign countries, as in most jurisdictions in the United States, the recognition and enforcement of foreign judgments is governed by local domestic law and the principles of comity, reciprocity and res judicata that is, that the issues in question have been decided already.

The information below is designed to assist attorneys seeking to enforce U. The information relating to the legal requirements of specific foreign countries is provided for general information only and may not be totally accurate in a particular case. Questions involving interpretation of specific foreign laws should be addressed to foreign attorneys.

This circular seeks only to provide information; it is not an opinion on any aspect of U. Department of State does not intend by the contents of this circular to take a position on any aspect of any pending litigation.

Civil Procedure Code, 1908

General There is no bilateral treaty or multilateral convention in force between the United States and any other country on reciprocal recognition and enforcement of judgments. Although there are many reasons for the absence of such agreements, a principal stumbling block appears to be the perception of many foreign states that U.

Moreover, foreign countries have objected to the extraterritorial jurisdiction asserted by courts in the United States. In consequence, absent a treaty, whether the courts of a foreign country would enforce a judgment issued by a court in the United States depends upon the internal laws of the foreign country and international comity.

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In many foreign countries, as in most jurisdictions in the United States, the recognition and enforcement of foreign judgments is governed by local domestic law and the principles of comity, reciprocity and res judicata.

The general principle of international law applicable in such cases is that a foreign state exercises the right to examine foreign judgments for four causes: While procedures and documentary requirements vary widely from country to country, judgments which do not involve multiple damages or punitive damages generally may be enforced, in whole or in part, upon recognition as authoritative and final, subject to the particulars cited above, unless internal law mandates a treaty obligation.

If eventual enforcement of a United States judgment abroad is envisioned, you may wish to consult foreign legal counsel before you begin filing the complaint, serving process, discovery, trial, etc.

Enforcement of foreign judgements

This may help ensure that the foreign requirements for enforcement are not inadvertently violated in the U. In certain foreign legal systems, a foreign judgment will not be enforced unless it satisfies not only international standards as to jurisdiction, but also internal requirements as to notice, and other requirements.

Once a judgment has been issued by a court in the United States, formal legal proceedings usually must be initiated in the foreign country by an attorney authorized to practice in the foreign country. Personal Jurisdiction It is fundamental that a court must have personal jurisdiction over a defendant before it can enter a valid judgment imposing a personal obligation on the defendant.

As noted above, foreign countries may find that the U. For this reason, you may wish to consult a local attorney in the foreign country very early in the U.

Retaining A Foreign Attorney You may wish to consult your local attorney before proceeding with the expensive task of translating and authenticating documents for a foreign enforcement proceeding. Enforcement of a Foreign Judgment in the U.

Personal Jurisdiction

Enforcement of judgments issued by foreign courts in the United States is governed by the laws of the states. Enforcement cannot be accomplished by means of letters rogatory in the United States.

The court will determine whether to give effect to the foreign judgment. Arbitration There are a number of international agreements in force to which the United States is a party on the subject of enforcement of arbitral awards.

See also, 9 U. Enroll in STEP Subscribe to get up-to-date safety and security information and help us reach you in an emergency abroad. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U.Our firm is regularly retained to enforce judgments obtained by clients in other jurisdictions as well as to oppose the enforcement of such foreign judgments in Ontario.

The general regime governing the recognition and enforcement of foreign judgments in Austria is enshrined in Sections et seqq.

Enforcement of foreign judgements

of the Austrian Enforcement Act (AEA). Pursuant to Section (1) AEA, these provisions apply to foreign executory titles to the extent that they are not superseded by international treaties or the law of the European . Enforcement of foreign judgments: location, approbation, reprobation.

By Jonathan More, Senior Associate, Fenwick Elliott. The recent case of Golden Endurance Shipping SA v RMA Watanya SA and others [] EWHC (Comm) provides a useful reminder of the principles surrounding the question of whether or not a party has submitted to a foreign jurisdiction in respect of a judgment in non-EU.

ENFORCEMENT OF FOREIGN JUDGEMENTS IN NEVADA Article IV, Section 1 of the Constitution of the United States requires each state to give. Under this law, Florida recognizes and allows enforcement of the money judgments issued by a court of a foreign country.

Under the Florida Uniform Enforcement of Foreign Judgments Act (FUEFJA), the holder of an uncollected judgment issued by a court other than a Florida state court, has access to a powerful remedy to enforce the judgment in Location: Sarasota, , Florida.

The law pertaining to recognition and enforcement of foreign judgments in the UK can be found in a number of different sources including trea- .

Enforcement of Foreign Judgements - Kluwer Law Online