A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad, 1st Edition

  • Robert E. Lutz
  • Published By:
  • ISBN-10: 0511481144
  • ISBN-13: 9780511481147
  • DDC: 347.7377
  • Grade Level Range: College Freshman - College Senior
  • 642 Pages | eBook
  • Original Copyright 2007 | Published/Released October 2009
  • This publication's content originally published in print form: 2007

  • Price:  Sign in for price

About

Overview

The book assists U.S. and foreign lawyers - who may seek to enforce a foreign judgment in the United States or may need to get a U.S. rendered judgment enforced abroad - in navigating the procedures and strategies involved.

Table of Contents

Front Cover.
Other Frontmatter.
Title Page.
Copyright Page.
Contents.
Preface.
Acknowledgments and Dedication.
1: Introduction.
2: Enforcing Foreign Country Judgments in the United States.
3: Overview.
4: Phase One: Before Recognition.
5: Choosing a Jurisdiction/Locating Assets.
6: Jurisdiction and Venue.
7: Choice of Forum: Federal or State Court.
8: Choice of Venue: Defenses.
9: Preemption.
10: Evidentiary Requirements: Copy of the Judgment.
11: Authentication.
12: Phase Two: Converting the Judgment.
13: Conversion Methods Under the Recognition ACT.
14: Conversion Under the Uniform Foreign Money-Judgments Recognition Act: Introduction.
15: Conversion by Common Law Action.
16: Conversion by Registration.
17: The Complaint.
18: Selected Key Provisions of the Recognition Act.
19: Conclusiveness Requirement.
20: Permissive Non-Recognition: Defenses and Strategies.
21: Default Judgments and Foreign Long-Arm Statutes.
22: Non-Judicial Dispute Resolution Clauses.
23: Public Policy.
24: Parallel Proceedings.
25: Extrinsic and Intrinsic Fraud.
26: Reciprocity.
27: Other Conversion Methods.
28: Common Law Recognition.
29: Other Recognition Statutes.
30: New Complaint.
31: Action for Conversion in Other Jurisdictions: Strategy.
32: Currency of Damages.
33: Generally.
34: “Breach Day” and “Judgment Day” Rules.
35: Uniform Foreign-Money Claims Act.
36: Phase Three: Executing a Converted Judgment in U.S. Courts.
37: Plaintiff: Locating and Freezing Assets.
38: Collecting the Judgment.
39: Filing Satisfaction of Judgment.
40: Conclusion.
41: Bibliography.
42: Instruments, Laws, and Other Materials – Part One.
43: Uniform Enforcement of Foreign Judgments Act–1964.
44: Uniform Foreign Money-Judgments Recognition Act.
45: Uniform Foreign-Money Claims Act.
46: United States Statutes and Laws.
47: California Law.
48: New York Law.
49: International Treaties and Related Documents.
50: Additional Materials Regarding the Hague Apostille, Service and Evidence Conventions.
51: Hague Jurisdiction and Foreign Judgments/Choice of Court Convention Documents.
52: Restatements and Model Laws.
53: American Law Institute, Project on Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute – Draft (2004) (previously titled International Jurisdiction and Judgments). Full version of the Project is available for purchase.
54: Suggested Forms.
55: Enforcement of Judgments Abroad.
56: Overview.
57: How to Identify and Select Foreign Counsel.
58: Sources for Identifying Foreign Counsel.
59: Is Foreign Counsel Competent?.
60: What Will Foreign Representation Cost?.
61: Documentation for Enforcement.
62: The Hague Legalization Convention.
63: Traditional Certification.
64: Evidence of the Judgment.
65: Other Documentation and Information.
66: Understanding Foreign Enforcement Frameworks.
67: General.
68: Foreign Enforcement Frameworks.
69: Generally.
70: Common Law Countries: Action for Recognition (United Kingdom, British Commonwealth, and United States).
71: Civil Law Exequatur (France, Germany, Spain, Italy, Latin America).
72: Treaty Approach (European Union, Latin America, Nordic Countries, Austria).
73: East Asian Approach (Japan, Korea, and Taiwan).
74: Conclusion.
75: Bibliography.
76: Instruments, Laws, and Other Materials – Part Two.
77: International Conventions Related to Part Two.
78: The Future of Enforcing Foreign Judgments.
79: Introduction.
80: Hague Convention on Exclusive Choice of Court Agreements.
81: Moving Toward a Convention on Jurisdiction and Judgment Enforcement.
82: The U.S.-U.K. Convention Draft.
83: The Hague Convention.
84: The 1999 Draft Convention on Jurisdiction and Judgments.
85: The 2001 Draft Convention.
86: Downscaling the Scope of the Jurisdiction and Judgments Convention.
87: Current Status: Main Provisions and Major Issues of the 2005 Final Convention.
88: Main Obligations and Exceptions of the 2005 Final Convention.
89: Problems and Issues That Emerged from the Draft Convention.
90: International Jurisdiction and Judgments Project of the American Law Institute.
91: Introduction.
92: General Provisions of the American Law Institute Project.
93: The Mandatory and Permissive Bases of Non-Recognition and the Black List of Jurisdictional Bases.
94: Major Issues and Problem Areas in the International Jurisdiction and Judgments Project.
95: Revision of the Uniform Foreign-Money Judgment Recognition and Enforcement Act.
96: The Uniform Act Experience.
97: Proposed Revisions.
98: International Trade Flexibility and Enforcing Foreign Judgments.
99: Conclusion.
100: Bibliography.
Index.