A Lawyer's Handbook for Enforcing Foreign Judgments in the by Robert E. Lutz

By Robert E. Lutz

This publication assists the practitioner looking to implement a overseas judgment within the usa or a U.S. rendered judgment out of the country in navigating the shortcoming of procedural uniformity that exists and in making plans thoughts prone to be sure powerful enforcement. As a guide, it presents the practitioner with a framework and assets with which to process and extra examine the legislation of the proper country or state. partly One, the consultant takes the practitioner chronologically during the technique of acquiring a U.S. court's acceptance and enforcement of judgments rendered in a foreign country. half takes the practitioner during the means of acquiring an in a foreign country jurisdiction's acceptance and enforcement of judgments rendered within the usa. half 3 assesses the present tendencies within the U.S. and within the foreign exchange surroundings relating to enforcement of judgments that may be made through international courts.

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5304(b)(7) (McKinney 1997). , DSQ Property Co. v. D. Mich. ”). 63 Bank of Montreal v. 2d 467 (1980). Restatement (Third) § 482 cmt. c. (1987). 0:27 P1: JZP 0521858747pt-1˙sec-3 CUNY418B/Lutz 22 Printer: cupusbw 0 521 85874 7 October 28, 2006 Part One. 64 A questionable jurisdictional basis coupled with a default judgment is a powerful argument against enforcement. An example is presented by the case of Bank Melli v. S. 68 b. Foreign long-arm or exorbitant jurisdiction statutes: Long-arm statutes,69 like per- sonal jurisdiction, raise special personal jurisdiction problems.

At 687. Falcon Mfg. Ltd. v. Ames, supra note 68. 2d 833 (1976). Id. 75 Campbell, supra Introduction, note 2, at US-17. 744 F. Supp. Y 1990). 0:27 P1: JZP 0521858747pt-1˙sec-3a CUNY418B/Lutz Printer: cupusbw 0 521 85874 7 October 28, 2006 III. S. court to deny recognition of the foreign judgment than a defendant who unsuccessfully challenges jurisdiction and then appears to litigate. The reasoning was as follows: If a defendant genuinely has no significant contacts with a particular forum, then it can challenge jurisdiction there and safely default on the merits; presumably, the judgment will be meaningless in the foreign country .

S. 1017 (1972). 66 Id. at 1411–13. 3d at 1411–13 (9th Cir. 1995). Id. at 1411–12. Falcon Mgf. Ltd. v. 2d 684 (1967). S. courts can summon public policy or due process violations as bases for denying recognition. See John Fitzpatrick, The Lugano Convention and Western European Integration: A Comparative Analysis of Jurisdiction and Judgments in Europe and the United States, 8 Conn. J. Int’l L. 695 (1993). See this article for a discussion of exorbitant jurisdiction (“assertions of jurisdiction that are not generally recognized by accepted principles of international law”); id.

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