257, 257 (2006) (describing the liberalization of the recognition and enforcement of foreign judgments
in Canada as a "quiet revolution"); Allison M.
The implementing legislation for the HCCCA should include two provisions: one providing for recognition of foreign judgments in the absence of known assets in the forum and the other providing for enforcement of foreign judgments
in the presence of known assets in the forum, up to the amount of those assets, even if those assets are unrelated to the parties' dispute.
Generally, a state code of civil procedures includes a chapter devoted to the enforcement of foreign judgments
, which includes the list of grounds to deny recognition, the standard of determining if foreign court had jurisdiction, and the authentication requirements.
It ensures that where arrangements for mutual recognition have been made, 'substantial reciprocity of treatment will be assured' in the recognition and enforcement of foreign judgments
from both superior and inferior courts.
See RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
: ANALYSIS AND PROPOSED FEDERAL STATUTE [section] 7(a) (Proposed Final Draft 2005) [hereinafter ALI PROPOSED FINAL DRAFT]; Louise Ellen Teitz, Both Sides of the Coin: A Decade of Parallel Proceedings and Enforcement of Foreign Judgments
in Transnational Litigation, 10 ROGER WILLIAMS U.
But one very important realization for us about this enterprise was that it was impossible to think about recognition and enforcement of foreign judgments
without taking into account related aspects of international litigation, both in the United States and abroad.
Comment, Recognition and Enforcement of Foreign Judgments
in the United
Currently, the recognition and enforcement of foreign judgments
in the United States are dictated by the principle of comity, as enunciated in Hilton v.
Lau, Update on the Hague Convention on the Recognition and Enforcement of Foreign Judgments
, 6 ANN.
1391, 1405 (1996) (indicating that "in the Agenda of the Nineteenth Session [in October 2000] the question of jurisdiction, and recognition and enforcement of foreign judgments
in civil and commercial matters" will be included), quoted in Arthur T.
media would be forced to "self-censor, avoiding controversial letters to the editor and other speech, which, although fully protected by the First Amendment, might nonetheless subject them to domestic enforcement of foreign judgments
that do not comport with First Amendment principles.
Wasserman specializes in handling complex commercial litigation and is experienced with issues relating to cross-border disputes, including the recognition and enforcement of foreign judgments
, personal and subject matter jurisdiction, cross-border bankruptcies, international discovery and asset-freezing injunctions.