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

I - Overview

Summary

Just as a practitioner in the United States may need to seek recognition and enforcement of foreign country money judgments in the United States, so may the U.S. practitioner require assistance in seeking a foreign jurisdiction's recognition and enforcement of a U.S.-rendered judgment. In this Part Two of the Handbook, the practitioner is taken through the companion process of obtaining an overseas jurisdiction's recognition and enforcement of a judgment rendered in the United States. This part describes the general approaches that the U.S. practitioner may confront abroad, and it analyzes the strategies and procedures that might be applicable in countries with which the United States has the most trade and investment activity. In addition, it summarizes the steps that the practitioner must take to prepare the case for the foreign court. While a complete survey of enforcement and recognition procedures of all countries is well beyond the scope of this and perhaps any text, Part Two seeks to alert the practitioner to the issues and areas that may require attention and further research in order to successfully enforce a U.S. judgment abroad.

A U.S. practitioner may have to seek enforcement of a U.S.-rendered judgment overseas if:

The defendant resides overseas;

The defendant has moved overseas before the judgment could be satisfied, restricting the U.S. court's jurisdictional basis over the defendant; or

The defendant has assets in a foreign jurisdiction outside the United States and only those foreign assets can satisfy the U.S.-rendered judgment.

However, unless the U.S. practitioner who handled the original adjudication happens to be licensed to practice law in the jurisdiction where enforcement will be sought, the U.S. practitioner generally must identify and retain foreign counsel for enforcement proceedings overseas.