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A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
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A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
By
Robert E. Lutz
Description
This book assists the practitioner
seeking to enforce a foreign judgment in the United States or a U.S.
rendered judgment abroad in navigating the lack of procedural
uniformity that exists and in planning strategies likely to ensure
effective enforcement. As a handbook, it provides the practitioner
with a framework and resources with which to approach and further
research the laws of the relevant state or country. In Part One, the
guide takes the practitioner chronologically through the process of
obtaining a U.S. court\\\\\\\'s recognition and enforcement of judgments
rendered abroad. Part Two takes the practitioner through the process
of obtaining an overseas jurisdiction\\\\\\\'s recognition and enforcement
of judgments rendered in the United States. Part Three assesses the
current trends in the U.S. and in the international trade environment
regarding enforcement of judgments which may be made by foreign
courts.
• A how-to text for inbound
enforcement of foreign rendered judgments which also advises lawyers
on how to enforce U.S. judgments in foreign countries • Offers a
comprehensive bibliography of laws, books and journal articles on
both inbound and outbound judgment enforcement • Sample forms
for inbound enforcement and major national and international legal
instruments are provided
Contents
Acknowledgments; Part I. Enforcement of
Foreign Judgments in the US: 1. Overview; 2. Phase one: before
recognition; 3. Phase two: converting the judgment; 4. Phase three:
executing a converted judgment in the U.S. courts; 5. Conclusion; 6.
Bibliography; 7. Forms; Part II. Enforcement of Foreign Judgments
Abroad: 8. Overview; 9. How to identify and select foreign counsel;
10. Documentation for enforcement; 11. Understanding foreign
enforcement frameworks; 12. Conclusion; 13. Bibliography; Part III.
The Future of Enforcing Foreign Judgments: 14. Introduction; 15.
Hague Convention; Part IV. International Jurisdiction and Judgments
Project of the American Law Institute: 16. International trade
flexibility and the enforcement of foreign judgments.
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