Enforcement Of Foreign Judgments

Enforcement of foreign judgments. 3 3 with reference to each of the specific regimes set out in question 1 1 briefly explain the procedure for recognising and enforcing a foreign. Before a us court will enforce a judgment issued by a foreign court the us court must first recognize. This often requires assistance from a court and sometimes law enforcement within the court s jurisdiction to ensure compliance with the court s decision. Among the three areas of private international law however it only covers one aspect namely the recognition and enforcement of foreign judgments 1 2 art.

The legal framework under which a judgment delivered outside of the republic of mauritius is enforced and recognised is under article 546 of the mauritian code de procedure civile and these proceedings are. In thailand foreign judgments are generally unenforceable in courts and are not generally binding. And the exequatur procedure provided by the mauritian code de procedure civile. The common law follows the guidelines established by the leading federal case on recognition and enforcement of foreign judgments hilton v.

The judgment is enforced against the debtor as though it was delivered by the nigerian court. The foreign judgments reciprocal enforcement act 1961. Enforcement cannot be accomplished by means of letters rogatory in the united states. Successful litigation turns not just on winning a judgment but also on enforcing it.

In hilton the supreme court held that the recognition and enforcement of foreign judgments is primarily based on principles of international comity. The reason for this is that thailand is not a party to any convention agreement or treaty for enforcement of judgment obtained in a foreign country. The future judgments convention is a private international law instrument in civil or commercial matters. Enforcement of foreign judgments in the united states.

At recognition the foreign judgment becomes the judgment of the nigerian court while at enforcement. Law an individual seeking to enforce a foreign judgment decree or order in this country must file suit before a competent court. Enforcement of judgments issued by foreign courts in the united states is governed by the laws of the states. Which will determine whether to give effect to the foreign judgment.

A valid judgment resolves all the contested issues and terminates the lawsuit since it is regarded as the court s official pronouncement of the law on the action. If the time to appeal in the court of origin has lapsed and the judgment has become final the holder of a foreign judgment decree or order may file suit before a competent court in the u s. The judgments convention aims to obtain recognition and enforcement of.