Civil Procedure

A Lawyer's Handbook for Enforcing Foreign Judgments in the US and Abroad

By Robert E. Lutz
Cambridge University Press December 2006

Specifications

ISBN-13
9780521858748
Publisher
Cambridge University Press
Publication
December 2006
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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

Table of Contents

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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