Federal Judicial Center International Litigation Guide: Recognition and Enforcement of Foreign Judgments

Abstract

This publication was prepared for the U.S. Federal Judicial Center as a guide for Federal Judges on the recognition and enforcement of foreign judgments. It covers applicable law in federal courts, the issues raised when a foreign judgments recognition case, grounds for non-recognition (and their sources in the law), and recent developments that may affect future adjustments in the rules. The law in those states that have adopted one of the Uniform Acts is covered, as is the law in states that remain under a common law system for recognition and enforcement of judgments. Also covered is the 2005 Hague Convention on Choice of Court Agreements, which has been signed, but not yet ratified, by the United States. The Guide is organized in a manner designed to assist judges before whom questions of recognition and enforcement are raised, with an attempt to provide comprehensive coverage of the issues which may be raised, and the statutes, treaties, and judicial precedents that may apply.

Keywords: judgments, jurisdiction, recognition of judgments, enforcement of judgments, Hague Convention, choice of court, foreign judgments, conflict of laws, private international law, comparative law, applicable law, public policy, foreign relations

JEL Classification: K00, K12, K33, K41