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Enforcement of Money Judgments

Enforcement of Money Judgments

  • Author:
  • Publisher: Juris Publishing_
  • ISBN: 9781929446735
  • Published In: March 2021
  • Format: Loose-leaf (3 volumes) , 2906 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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    Protect your clients' current and future interests in more than 95 different countries!Enforcement of Money Judgments is a practical guide designed to help you solve the problems you face when you:

    • Negotiate and draft a contract involving a foreign party
    • Initiate a lawsuit against a party in, or with assets in, another country

    Knowing the advantages and disadvantages of enforcing any eventual judgment before you execute a contract, or begin litigation proceedings will help you provide your client with more complete counsel.

    Practitioners from over 85 countries provide practical information about procedural and substantive issues regarding foreign judgment enforcement. This information will help you determine the wisdom of choosing litigation or arbitration as the best method of dispute resolution and of proceeding with litigation that involves a party from another country - well before your client has any problems.

    Get Help with Your International Contract and Litigation Questions!

    Contract Considerations:

    • Is it more efficient for the parties to contract to resolve their disputes through litigation or arbitration?
    • What law should govern the interpretation of the agreement, and how will that choice of law affect the enforcement of an eventual judgment?
    • What country should be the forum for resolving a dispute arising under the agreement?
    • If a judgment is likely to be unenforceable in the country where the foreign party has assets, should the agreement provide for some other means of financial guaranty (e.g. escrow, bank guaranty, letter of credit)?

    Litigation Considerations:

    • Where is the best place for the plaintiff to commence litigation against the defendant?
    • Is a special method of service or process needed in order to meet the foreign country's requirements of proper notice?
    • If the defendant allows a default judgment to be taken against him, will it be enforceable against him abroad?
    • Will the foreign country consider the defendant's appearance at the forum court's proceedings an implied submission to jurisdiction?

    Format of the Publication:
    Organized in a uniform question-and-answer format that addresses the receptiveness of each country toward the enforcement of foreign judgments; the procedural requirements for filing for enforcement; reciprocity; treaty provisions; and defenses.

    Every Chapter is organized with the same special 3-Part arrangement, allowing you to quickly and easily locate the information you need for each country.

    Part I contains a survey of the current attitude of each country's courts and government toward enforcing foreign money judgments, including anticipated changes and recent cases.
    Part II discusses procedure the judgment creditor must follow to file for enforcement of the judgment in the other country, including translation of the judgment, currency conversion, attorneys' fees and recovery of interest. 
    Part III summarizes the requirements the judgment creditor must meet to enforce the foreign judgment, and the defense the judgment, and the defenses the judgment debtor must establish to prevent enforcement.

    Time-saving extras you won't find elsewhere!

    • English translations of important statutory provisions
    • Citations to important cases
    • A list of treaties in force
    • Text of significant multilateral treaties
  • VOLUME 1

    Table of Contents 

    Introduction

    Questionnaire


    Argentina
    By Alfredo L. Rovira, Pablo A. Grillo Ciocchini and Mariana A. Miglino

    Armenia
    By Edith Khachatourian

    Australia
    By Clint Hinchen and Tanya Thomas

    Austria
    By Eugen Salpius

    Azerbaijan
    By Mikayil Jabbarov and Scott Horton

    Bangladesh
    By A.B.M. Badrud Doulah & A.B.M. Shamsud Doulah

    Barbados
    By Clark & Co.

    Belarus
    By Ekaterina Zabello, Mikalai Markounik and Yaroslav Myakotkin

    Belgium
    By Peter Callens

    Belize
    By Tania M. Moody

    Bermuda
    By Narinder Hargun and Alex Potts

    Bolivia
    By Pablo Rojas

    Bosnia and Herzegovina
    By Branko Marić


    Brazil
    By Jose Orlando A. Arrochela Lobo and Ana Paula Hubinger Araujo

    Brunei  Darussalam
    By Datin Paduka Hayati binte POKSDSP Haji Mohd. Salleh and Dr. Colin Y.C. Ong

    Bulgaria
    By Tzvetelina Dimitrova-Uzunova

    Cambodia
    by Naryth H. Hem and Sovearcha Yangny

    Canada
    By Igor Ellyn, QC , Evelyn Perez Youssoufian, Jean-Pierre Sheppard, Jennifer Hansen and Jonathan Feingold

    Chile
    By Alessandri & Compañia

     

    China (People’s Republic of)
    by Eugene Chen


    China-Hong Kong Special Administrative Region
    By Alan Linning and Carman Yung

    Colombia
    By Andrew Abela-Maldonado

    Costa Rica
    By Roy de J. Herrera

    Croatia (Republic of)
    By Vladimir Mamic and Martina Mladina Kavuric

    Cyprus
    By Xenios L. Xenopoulos

    Czech Republic
    By Arthur Braun and Hedvika Hartmanová

    Denmark
    By Carsten Brink

    Democratic Republic of Congo
    By Armand K. Ciamala

    Ecuador
    By Jose Rumazo-Arcos and Dr. Diego Palacios

    Egypt
    By Mohammed Hassouna

    Estonia
    By Ene Soop and Carry Plaks

    Fiji
    By Nicholas Barnes

    Finland
    By Petteri Uoti and Markus Mattila

    France
    By Stephan Adell

    Germany
    By Dr. Wulf Merkel and Dr. Jens Lösekrug

    Ghana
    By Larry Otoo

    Greece
    By Vassilios - Thomas G. Karantounias and Panagiotis N. Kakaletris

    Guatemala
    By Luis Beltranena Valladares and Francisco Chávez Bosque

     

    VOLUME 2

    Republic of Hungary
    By Dr. Marc-Tell Madl, Dr. Katalin Lehner, Dr. Éva Kovács LL.M, Dr. Tibor Szabó and Martin L. Wodraschk

    Iceland
    By Othar Orn Petersen and Heidar Asberg Atlason

    India
    By Dhirajkumar Kishorkumar Totala, Rozmin Lakhani and Neha Samant

    Indonesia
    By Hamud M. Balfas and Ali Budiardjo Nugroho Reksodiputro

    Ireland
    By Klaus Reichert and Duncan S.J. Grehan

    Israel
    By Joseph Benkel, Ofer Larisch and Shiri Bar

    Italy
    By Alberto Santa Maria, Claudio Biscaretti di Ruffila and Davide Pozzoli

    Jamaica
    By Donovan C. Walker and Roxanne A. Miller

    Japan
    By Masafumi Kodama

    Jersey Channel Islands
    By Gillian S. Robinson and Kai McGriele

    Jordan
    By Sami and Adib Habayeb

    Kazakhstan (Republic of)
    By Zhaniya B. Ussen and Scott Horton

    Kenya
    By Peter Le Pelley

    Korea
    By Kim & Chang

    Kuwait
    By Reema Ali

    Kyrgyzstan
    By Aizhan Albanova

    Latvia
    By Ziedonis Udris

    Lebanon (Republic of)
    By Jihan R. Khattar

    Liechtenstein
    By Christoph Bruckschweiger

    Lithuania
    By Jurate Kugyte 

    Malaysia
    By Dato’ Syed Ahmad Idid and Dr. Colin Y.C. Ong

    Malta
    By Hugh Paralta & Associates

    Mauritius
    By Siv Potayya

    Mexico
    By Reynaldo Urtiaga

    Republic of Moldova
    By Irina Moghiliova and Olga Celac
     

    Mongolia
    by David C. Buxbaum


    Myanmar (Burma)
    By Thida Aye and James Finch

    The Netherlands
    By Antonius I.M. van Mierlo and Bo Ra D. Hoebeke

    New Zealand
    By Adrian Olney and Isabella Clarke

    Nigeria
    By Irving & Bonnar

    Norway
    By Knut Boye

    Oman (Sultanate of)
    By Alastair Hirst

    Pakistan
    By Ali Adnan Ibrahim and Khurram Rashid

    Panama
    By Alfredo Ramírez, Jr.

    Papua New Guinea
    By Tim Glenn and and Kingsford Wamp

    Paraguay
    By Nestor Loizaga and Beatriz Pisano

    Peru
    By Jorge Velarde

    Philippines
    By Ponciano “Cho” C. Gonzales, Jr.,
    Rosario Teresa R. Ganitano,
    Jo Katrina V. Brotonel,
    David Michael Go, and
    Ma. Eloisa S. Singzo

    Poland
    By Piotr Nowaczyk and Wojciech M. Jaworski

    Portugal
    By Susana SantosValente and Inês Gomes da Cruz

     

    Qatar
    By Ahmad Anani


    VOLUME 3

    Romania
    By Mark A. Meyer, Esq. and Cristina Ghiberdic, Esq.

    Russian Federation
    By Roman Zaitsev

    Saudi Arabia (Kingdom of)
    By David M. Wells

    Serbia and Montenegro
    By Dr. Dubravka Kosic

    Singapore
    By Elizabeth Wong and Desmond Ho Jong Jan

    Slovak Republic
    By JUDr. Ernest Valko

    Slovenia
    By Živa Južnič and Mia Kalaš


    South Africa
    By Roger Wakefield

    Spain
    By Antonio Fernández and Juan Verdugo

    Sri Lanka
    By F. J. & G. De Saram

    St. Lucia
    By Nicholas John & Co. 

    Sweden
    By Einar Wanhainen and Mikael Björkman

    Switzerland
    By Bernard Dorsaz

    Syria
    By Jacques El-Hakim

    Taiwan
    By Marcus Clinch and Eve Chen

    Tanzania
    By Wilbert B. Kapinga

    Thailand
    By Worachai Bhicharnchitr

    Trinidad and Tobago
    By Christopher Hamel-Smith and Stuart R. Young

    Tunisia
    By Adly Bellagha

    Turkey
    By Serap Zuvin

    Ukraine
    By Dr. Tatyana Slipachuk and Pavlo Byelousov

    United Arab Emirates
    By Yanal A. Kilani and Rasha W. Haloub

    United Kingdom (England & Wales)
    By Christopher I. Millar

    United States
    By Michael L. Morkin and Ethan A. Berghoff

    Uruguay
    By Roberto Gimenez Sorhouet and Mercedes Jimenea De Arechaga

    Venezuela
    By Eugenia Hernandez-Breton

    Vietnam
    By Tran Thi Thanh Ha

    Zaire
    By Michael Sheehan

     


    Selected Multilateral Agreements on the Enforcement
    of Foreign Money Judgments
    1. EEC Convention of 1968
    2. EEC/EFTA Convention of 1988
    3. Interamerican Convention of 1979
    4. Interamerican Convention on Jurisdiction of 1984
    5. Bustamante Code of 1928
    6. Arab League Treaty of 1952
    7. Hague Convention of 1971

  • Editor:
    Lawrence W. Newman has been a partner in the New York office of Baker & McKenzie since 1971, when, together with the late Professor Henry deVries, he founded the litigation department in that office. He is the author/editor of 4 works on International Litigation/Arbitration.

  • Praise for Enforcement of Money Judgments

    "... indispensable for persons involved in transnational disputes. It is a practical and useful 
    reference guide for lawyers dealing with international contracts. 
    An Excellent reference work." 
    International Journal of Legal Information

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