Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute

This work is a comprehensive review of the law and discussion of the constitutional basis for federal legislation on the subject of foreign judgments. It includes a proposed federal statute that would impose uniform standards for recognition and enforcement of foreign judgments throughout the United States.

Read the memorandum describing the project as originally conceived by its Reporters.

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    149 pages, 2006, #1REFJOT

    This publication contains a proposed federal statute that would impose uniform standards for recognition and enforcement of foreign judgments throughout the United States. It also includes a comprehensive review of current law and discussion of the constitutional basis for federal legislation on the subject of foreign judgments. 

    Whether or not the recommended statute is enacted, this publication will help the legal community to understand the challenging issues surrounding foreign judgments; it may also influence executive policy and judicial decisionmaking. The recommended federal legislation authorizes negotiation of agreements with foreign countries pertaining to reciprocal enforcement of each others’ judgments, and offers a number of incentives to foreign countries and their courts to recognize and enforce judgments emanating from the United States. The legislation, which fits within the constitutional authority of Congress, would be consistent with the needs of a legal and commercial community ever more engaged in international transactions and their inevitable concomitant, international litigation.

    It was originally expected that this project would take the form of legislation implementing the General Convention on International Jurisdiction and the Effects of Foreign Judgments in Civil and Commercial Matters drafted by The Hague Conference on Private International Law. Because of the Convention's uncertain outcome, however, a proposed federal statute independent of the Convention was drafted.

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    149 pages, 2006, #1REFJOTS

     

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    149 pages, 2006, #1REFJOTE

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    Electronic  | 1REFJOTE  | 2006  | 149 pages  | $25.00