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Introduction

Published online by Cambridge University Press:  16 November 2009

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Summary

As world trade steadily increases, transnational corporations proliferate and individuals transact business and personal affairs across borders with increasing frequency. Today's practitioners representing domestic civil litigants face the prospect of guarding against or satisfying judgments rendered by foreign courts. Similarly, these practitioners may seek to obtain and enforce judgments in foreign courts against their clients' foreign adversaries. Practitioners who are in specialties such as bankruptcy, family law, estate planning and probate, personal injury, products liability, intellectual property, and real estate, among others, are likely to encounter the challenge of international recognition and enforcement of judgments. As an aspect of transnational legal practice, international litigation and arbitration have become more complex since the 1960s, when the United States began to emerge from a conflicting and unpredictable common law past to embrace sophisticated uniform statutory approaches to recognition and enforcement of foreign judgments.

Despite these domestic law developments, the United States is one of the few major industrial nations that has not acceded to any international agreements for the recognition and enforcement of civil judgments. Laws of the several states govern recognition and enforcement of civil judgments rendered abroad. However, unlike sister-state judgments rendered in courts in another state jurisdiction, judgments rendered abroad do not enjoy the protection of the U.S. Constitution's Full Faith and Credit Clause. Conversely, absent federal statute, there is no federal preemption.

This text assists the practitioner seeking to enforce a foreign judgment in the United States or a U.S.-rendered judgment abroad in navigating this lack of uniformity.

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  • Introduction
  • Robert E. Lutz
  • Book: A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
  • Online publication: 16 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511356.002
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  • Introduction
  • Robert E. Lutz
  • Book: A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
  • Online publication: 16 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511356.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Robert E. Lutz
  • Book: A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
  • Online publication: 16 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511356.002
Available formats
×