2011 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

 

DATES:	SEP 12 - 16, 2011
TUITION:	$1995

 

 

Overview

This course is intended to familiarize participants with the law and practice related to the recognition and enforcement of foreign judicial judgments. The course examines the legal issues involved when courts in one state are asked to recognize or enforce judgments rendered by courts in another state, and looks in some detail at representative domestic laws (including in particular U.S. law). It also addresses emergent regional rules (especially within the EU) and efforts to establish internationally agreed rules and procedures, as well as specific issues and cases which highlight continuing difficulties.

 

Course Outline

Recognizing and Enforcing Judgments in Other Countries

• Current issues (whether there are any global rules or standards, and why arbitral awards are more enforceable than court judgments)

• Consideration of the eventual recognition and enforcement of a judgment when drafting a contract

• Use of choice of law and choice of forum clauses

 

Legal Issues in Recognition and Enforcement

• Role of the courts

•The Process of Recognition and Enforcement

• Whose Standards Govern?

• Representative Civil Law and Common Law Approaches

• Attributes of Unenforceable Foreign Judgments (case studies)

• Finality and Reviewability; Interim Relief/Provisional Measures

 

U.S. Law on Enforcement of Foreign Judgments

• Key United States federal and state statutory and other legal considerations.

 

Regional Conventions and Regulations

• EU Law

• OAS Conventions

• ALI /UNIDROIT Principles of Transnational Procedure

• Relationship between regional arrangements and the "representative" civil and common law approaches

 

Recent Developments To Codify and Harmonize

• Hague Convention on Foreign Judgments in Civil and Commercial Matters

• Hague Choice of Court Agreements Convention

 

Specific Issues

• Bilateral "Judicial Assistance" Agreements

• Judgments against foreign states and state entities (FSIA)

• Conflicting or inconsistent judgments

• Libel tourism

• Veil piercing

• Default judgments

• Judgments under forum-specific statutes (ATS, TVPA)

• Family law and child protection

• Tax, fiscal, penal judgments

 

Prospects for the Future

 

Course Advisor

David P. Stewart is a Visiting Professor of Law at the Georgetown University Law Center, where he directs the Global Law Scholars program and is co-director of the Center for Transnational Business and the Law. He is retired from the U. S. Department of State. Before joining the Government, he was in private practice. He is a member of the Inter-American Juridical Committee, and of the Secretary of State's Advisory Committee on Private International Law. He was the co-editor of the multi-volume Digest of U.S. Practice in International Law for the years 1990-2003. Mr. Stewart holds a B.A. from Princeton, an M.A. and J.D. from Yale and an LL.M. from New York University.