New Challenges in the Recognition and Enforcement of Judgments
Forthcoming in The Continuing Relevance of Private International Law and Its Challenges (F. Ferrari & Diego P. Fernandez Arroyo eds., Elgar, in print)
46 Pages Posted: 10 Sep 2018
Date Written: September 7, 2018
This chapter was prepared for the book The Continuing Relevance of Private International Law and Its Challenges, edited by Franco Ferrari and Diego P. Fernandez Arroyo. It is the basis for a presentation at the NYU Center for Transnational Litigation, Arbitration and Commercial Law Conference on The Continuing Relevance of Private International Law and its Challenges, November 15-16, 2018.
The growth of global trade requires the development of private international law consistent with the development of international trade law. The recognition of foreign judgments is a necessary part of both of these areas of the law. There cannot be consistent increase in the free movement of goods, services, and capital without the corresponding free movement of judgments. Thus, the law of judgments recognition must develop with an eye on its impact on and its consistency with international trade law.
This chapter sets out the current law on judgments recognition in the world’s three largest economies: the United States, the European Union, and China. It then considers challenges to the development of judgments recognition law on both the global level and within the United States. On the global level, this requires an assessment of the May 2018 draft text for a Hague Convention on the recognition of foreign judgments. On the national level in the United States, this requires an assessment of the restrictions and problems created by having judgments recognition law largely determined at the state, rather than the federal, level. This has implications for global developments in terms of the ability of the United States to become a party to both the 2005 Hague Convention on Choice of Court Agreements and any new Hague Convention on the recognition of foreign judgments. The chapter concludes with a full list of challenges to judgments recognition law and concerns regarding recent developments.
Keywords: recognition and enforcement of judgments, judgments recognition, judgments, private international law; international litigation, dispute settlement, Belt & Road, One Belt One Road, China, international law, international trade law, transnational litigation, law and economics, litigation process
JEL Classification: K00, K12, K33, K41
Suggested Citation: Suggested Citation