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

By Robert E. Lutz

This ebook 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 inability of procedural uniformity that exists and in making plans concepts more likely to make certain powerful enforcement. As a guide, it offers the practitioner with a framework and assets with which to procedure and extra learn the legislation of the appropriate nation or kingdom. partially One, the advisor takes the practitioner chronologically in the course of the means of acquiring a U.S. court's popularity and enforcement of judgments rendered overseas. half takes the practitioner in the course of the means of acquiring an in a foreign country jurisdiction's popularity and enforcement of judgments rendered within the usa. half 3 assesses the present traits within the U.S. and within the overseas exchange atmosphere concerning enforcement of judgments that could be made via international courts.

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0:48 P1: JZP 0521858747pt-1˙sec-3a CUNY418B/Lutz 26 Printer: cupusbw 0 521 85874 7 October 28, 2006 Part One. Enforcing Foreign Country Judgments in the United States b. Rules and proposed strategies: The parallel proceeding rule in the United States allows proceedings to continue until judgment is reached in one case,103 thereby subsequently precluding adjudication of other cases. This rule may present strategic options for defendants in major transnational litigation. Defendant’s Strategy: r After the original suit is filed in a foreign jurisdiction, counter sue in the United r r States to enjoin the foreign country litigation and to seek a decision on the merits.

Code Civ. Proc. 4(b)(3) (West 1987). Cal. Code Civ. Proc. 4(b)(2) (West 1987). 138 Witkin, supra note 126, § 423B. Cal. Code Civ. Proc. 5(a) (West 1987). 1995). 0:48 P1: JZP 0521858747pt-1˙sec-3a CUNY418B/Lutz Printer: cupusbw 0 521 85874 7 III. 140 Thus, the following are the Claims Act’s major provisions: r The Act’s provisions may be varied by agreement of the parties; parties to a contract can agree on the currency of judgment if a dispute arises. S dollars. r The currency of the claim may be the currency of the transaction, the currency r r r the parties usually use in their course of dealing, or the currency in which the loss was suffered.

See supra note 116. For example, in a negligence cause of action, the complaint would set out the facts as they occurred in the foreign country to show duty, breach, causation, and damages. Similarly, a contract cause of action should set out facts to show an enforceable agreement between the parties, breach and damages. Campbell, supra Introduction, note 2, at US-33–5. 0:48 P1: JZP 0521858747pt-1˙sec-3a CUNY418B/Lutz Printer: cupusbw 0 521 85874 7 October 28, 2006 III. Phase Two: Converting the Judgment 29 Review: Verify what the foreign country judgment recognition and execution procedures are in the jurisdiction where execution will occur.

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