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Recognition and Enforcement of Foreign Judgments

Ronald A. Brand
January 1, 2012
Available Online Only

This guide addresses the questions that may arise when a party to litigation in a U.S. court seeks to enforce a foreign judgment or to use a foreign judgment for preclusive effect in local litigation. Part II details the historical background of the applicable state law in recognition cases, and discusses the relationship between recognition and enforcement. It reviews the 1962 Uniform Foreign Money-Judgments Recognition Act, the more recent 2005 Uniform Foreign-Country Money Judgments Recognition Act, and the Restatement of Foreign Relations Law's provisions on foreign judgment recognition. Part III discusses issues important at the outset of any recognition case, including matters of scope under both Recognition Acts. Part IV covers the generally accepted grounds on which a judgment may be denied recognition, noting the minor differences between the common law approach, which generally follows the Restatement of Foreign Relations Law, and the statutory approach resulting from the 1962 Recognition Act and the 2005 Recognition Act. Part V reviews common issues in applying the grounds for non-recognition, and Part VI discusses recent proposals and other developments that are likely to bring change to the law on recognition and enforcement of foreign judgments.