Written in English
Thesis (LL. M.)--The Queen"s University of Belfast, 1968.
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Recognition and Enforcement of Foreign Judgments Ronald A. Brand Chancellor Mark A. Nordenberg University Professor, and Director, Center for International Legal Education, University of Pittsburgh School of Law April This publication was prepared in furtherance of the Federal Judicial Center’s statutory mission toFile Size: KB. PIL does not regulate the enforcement of foreign judgments when there is a conflicting local law or prior judgment of the same issue. However, the existence of a prior judgment or conflicting local law may be a motif for the court on the recognition and/or enforcement of foreign judgments on the basis . judgment: A decision by a court or other tribunal that resolves a controversy and determines the rights and obligations of the parties. A judgment is the final part of a court case. A valid judgment resolves all the contested issues and terminates the lawsuit, since it is regarded as the court's official pronouncement of the law on the action. Enforcement of foreign arbitration awards in the U.S. Arbitration awards enjoy the protection of special treaties. The U.S. is a signatory to international conventions regulating the enforcement of arbitration awards, including the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (often referred to as the "New York Convention"), and the Inter-American Convention on.
The US is a party to multilateral conventions that apply to enforcement of foreign arbitration awards, but not foreign court judgments. Rather, recognition and enforcement is governed by individual state laws. Even if a case is brought in federal court, that court will apply relevant state law in reaching its decision. 1 The drive to harmonise the recognition and enforcement of foreign judgment rules has gained momentum in recent years. First, there is the revival of the Judgments Project by the Hague Conference on Private International Law. The Judgments Project aims to develop a broad ranging convention on the recognition and enforcement of judgments inAuthor: Adeline Chong. The recognition and enforcement of foreign judgments is an aspect of private international law, and concerns situations where a successful party to litigation seeks to rely on a judgment obtained in one court, in a court in another : Paula Huang. The recognition and enforcement of foreign judgments in England and Wales which fall outside the scope of the special EU and statutory regimes listed above are dealt with under English common law. The procedure for enforcement of such foreign judgments is set out in .
Therefore, recognition and enforcement of foreign judgments or decisions and awards should follow the trend to create legal facilities to ensure the rights of requesting parties, whether foreign or Vietnamese, and to contribute to the development of international cooperation based on . multilateral legal regime for the recognition and enforcement of foreign judgments. Each legal system has its own rules for the recognition of foreign judgments. While there are many bilateral, and some regional, treaties regarding the reciprocal recognition and enforcement of foreign judgments, no successful multilateral treaty has : Ronald A. Brand. Abstract. This chapter was prepared for the book The Continuing Relevance of Private International Law and Its Challenges, edited by Franco Ferrari and Diego P. Fernandez is the basis for a presentation at the NYU Center for Transnational Litigation, Arbitration and Commercial Law Conference on The Continuing Relevance of Private International Law and its Challenges, November Author: Ronald A. Brand. that this doctrine alone is not the legal basis for the recognition of foreign judgments in England in general. Cheshire * states that" the extent to which a foreign judgment is effective as res judicata has not always been clear," and refers to the dictum by Tindal C.J. in Smith v. Nicolls s: —" Great doubts have formerly existed and some.