Center for International Legal Studies : Recognition of Foreign Judgments (3 Credits)

InstitutionCenter for International Legal Studies
Department Single Tier Structure
Web http://www.legaledu.net
Study type Taught

Summary

The course examines two procedures, the "recognition" of a foreign judgment and the "enforcement" of that judgment based on the status granted to it by a domestic court. In a recognition proceeding, a court in one country is asked to accept a judicial decision rendered by a court of a "foreign" country and to issue a judgment in substantially identical form without re-examining the merits of the original lawsuit. In an enforcement proceeding, if the recognized foreign judgment is a money judgment and the debtor has assets in the receiving jurisdiction, the successful judgment creditor will gain access to remedies available in the recognizing country.

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