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  • Print publication year: 2006
  • Online publication date: November 2009

V - Conclusion

Summary

State law generally governs recognition, enforcement, execution, and satisfaction in the United States of a judgment rendered abroad. Many states have adopted and codified the uniform acts treating recognition, enforcement, and foreign-money claims, while others follow common law. Even among those states adopting one or more of the uniform acts, legislatures may have modified the acts' provisions to accord with state procedure or public policy. As in any other areas of practice, the transnational law practitioner must become familiar with the governing state and federal codes and rules of procedure, case law, and international agreements affecting recognition and enforcement in the United States of judgments rendered abroad. Where a jurisdiction's law is unclear, you, as a practitioner, will have the opportunity to persuade the court to follow another jurisdiction favorable to your client, thus creating new law in your jurisdiction.