 Protect your clients' current and future interests in more than 85 different countries. Enforcement of Money Judgments is a practical guide designed to help you solve the problems you face when you:
- Negotiate and draft a contract involving a foreign party.
- Initiate a lawsuit against a party in, or with assets in, another country.
- Knowing the advantages and disadvantages of enforcing any eventual judgment before you execute a contract, or begin litigation proceedings will help you provide your client with more complete counsel.
Practitioners from over 85 countries provide practical information about procedural and substantive issues regarding foreign judgment enforcement. This information will help you determine the wisdom of choosing litigation or arbitration as the best method of dispute resolution and of proceeding with litigation that involves a party from another country - well before your client has any problems.
Contract Considerations:
- Is it more efficient for the parties to contract to resolve their disputes through litigation or arbitration?
- What law should govern the interpretation of the agreement, and how will that choice of law affect the enforcement of an eventual judgment?
- What country should be the forum for resolving a dispute arising under the agreement?
- If a judgment is likely to be unenforceable in the country where the foreign party has assets, should the agreement provide for some other means of financial guaranty (e.g. escrow, bank guaranty, letter of credit)?
Litigation Considerations:
- Where is the best place for the plaintiff to commence litigation against the defendant?
- Is a special method of service or process needed in order to meet the foreign country's requirements of proper notice?
- If the defendant allows a default judgment to be taken against him, will it be enforceable against him abroad?
- Will the foreign country consider the defendant's appearance at the forum court's proceedings an implied submission to jurisdiction?
Organized in a uniform question and answer format that addresses the receptiveness of each country toward the enforcement of foreign judgments; the procedural requirements for filing for enforcement; reciprocity; treaty provisions; and defenses.
Every Chapter is organized with the same special 3-Part arrangement - allowing you to quickly and easily locate the information you need for each country.
- Part I contains a survey of the current attitude of each country's courts and government toward enforcing foreign money judgments, including anticipated changes and recent cases.
- Part II discusses procedure the judgment creditor must follow to file for enforcement of the judgment in the other country, including translation of the judgment, currency conversion, attorneys' fees and recovery of interest.
- Part III summarizes the requirements the judgment creditor must meet to enforce the foreign judgment, and the defense the judgment, and the defenses the judgment debtor must establish to prevent enforcement.
- English translations of important statutory provisions
- Citations to important cases
- A list of treaties in force
- Text of significant multilateral treaties |
