Recognition and Enforcement of US Judgments Involving Punitive Damages in Continental Europe
Csongor István Nagy
University of Szeged, Faculty of Law; Budapest University of Technology and Economics
February 1, 2012
Nederlands Internationaal Privaatrecht (NIPR), Vol. 30, No. 1, pp. 4-11, 2012
The paper examines the recognition practice of US punitive awards in continental Europe from a comparative and critical perspective. After analysing the pros and cons of the recognition of punitive awards from a theoretical point of view, it presents and evaluates the judicial practice of the European (French, German, Greek, Italian, Spanish and Swiss) national courts and the potential impact of the 2005 Hague Choice-of-Court Convention and the Rome II Regulation. The paper ends with the final conclusions containing a critical evaluation of the present judicial practice and a proposal for a comprehensive legal test for the recognition of punitive damages.
Number of Pages in PDF File: 8
Keywords: punitive damages, conflict of law, recognition and enforcement, public policy
JEL Classification: K39, K49Accepted Paper Series
Date posted: June 14, 2012
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