Enforcement of foreign judgments

Enforcement of Foreign Judgments

The enforcement of foreign judgments refers to the process by which a court order or judgment issued by a foreign court is recognized and enforced in another jurisdiction. This is an important aspect of international law, as it allows individuals and businesses to seek redress and enforce their rights across borders.

Overview

Enforcement of foreign judgments is governed by both international and domestic laws. International conventions, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, provide a framework for the recognition and enforcement of foreign judgments between signatory countries. Additionally, many countries have their own domestic laws and procedures for enforcing foreign judgments.

Recognition of Foreign Judgments

Before a foreign judgment can be enforced, it must first be recognized by the court in the jurisdiction where enforcement is sought. The court will examine various factors to determine whether the foreign judgment meets the requirements for recognition. These factors may include the jurisdiction of the foreign court, the fairness of the proceedings, and whether the judgment is final and conclusive.

Enforcement Procedures

Once a foreign judgment is recognized, the enforcement procedures can vary depending on the jurisdiction. In some cases, the foreign judgment may be enforced directly without the need for further proceedings. In other cases, the judgment may need to be registered or filed with the local court before enforcement can take place.

Challenges and Defenses

Enforcement of foreign judgments can be a complex process, and there are often challenges and defenses that can be raised by the party against whom enforcement is sought. These challenges may include arguments that the foreign court lacked jurisdiction, that the judgment was obtained through fraud or collusion, or that enforcing the judgment would be contrary to public policy.

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See Also

• International Law
• Jurisdiction
• Arbitration
• Conflict of Laws

References

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