[PDF] Foreign Judgments eBook

Author : Andreas A. Frischknecht
Publisher : Kluwer Law International B.V.
Page : 461 pages
File Size : 39,37 MB
Release : 2016-04-24
Category : Law
ISBN : 9041186352

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Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.

Author : Peter R. Barnett
Publisher : Oxford Private International L
Page : 432 pages
File Size : 43,26 MB
Release : 2001
Category : Law
ISBN : 9780199243396

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This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed HagueConvention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, thatthis area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given theimportant treaty developments that are occurring. For these reasons, this book is a very timely work. Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.

Author : B International Business Law Consortium
Publisher : Lulu.com
Page : 582 pages
File Size : 14,85 MB
Release : 2006
Category : Law
ISBN : 1411672577

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The purpose of this directory is to briefly explain and summarise in an easy to follow question and answer format the law and procedures on enforcement of foreign civil and commercial judgments in key jurisdictions around the world. It is not intended to specifically cover family law or arbitration although in some instances references are made to relevant conventions and regulations in these areas. The jurisdictions and the corresponding questions and answers are set out alphabetically.

Author : Robert E. Lutz
Publisher : Cambridge University Press
Page : 660 pages
File Size : 46,85 MB
Release : 2007
Category : Law
ISBN : 9780521858748

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Author : Paul J. Omar
Publisher : Routledge
Page : 109 pages
File Size : 12,6 MB
Release : 2017-11-22
Category : Law
ISBN : 1351750674

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This title was first published in 2002: Within Europe and beyond, foreign judgement enforcement is now an essential component for the development of international commerce. This indispensable volume traces and analyzes steps and procedures for the enforcement of foreign judgements in national courts, including summarizing the principles which are the preconditions for that enforcement.

Author : Ronald A. Brand
Publisher : Section of International Law
Page : 214 pages
File Size : 24,2 MB
Release : 1992
Category : Law
ISBN :

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This volume contains commentaries on the third restatement of the foreign relations law of the United States.

Author : Michael Howard
Publisher : CRC Press
Page : 504 pages
File Size : 45,45 MB
Release : 2016-07-22
Category : Law
ISBN : 1317659287

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Currency fluctuation, currency wars and even potential currency collapse (the Euro, the Bitcoin) are all risks that commercial parties must consider and guard against. This book gathers together in one volume all the information and advice practitioners are likely to need when advising on, advancing or defending claims involving a foreign currency element. The determination of the proper currency (or currencies) of a claim often has a dramatic effect on the level of a court judgment or arbitration award that is ultimately obtained. It is, therefore, vital for practitioners to accurately assess claims which involve a foreign currency element. The authors guide the reader through the legal principles governing how foreign currency claims are treated in English law. The book covers both the treatment of foreign currency in substantive law as well as such procedural matters as how to claim interest correctly on a foreign currency claim and how to plead, prove or disprove the applicability of a particular currency. This book is an invaluable and essential resource for all lawyers involved in international commerce, but will be of particular interest to those engaged in international finance, commodity transactions, international shipping and transport, and the insurance of assets and liabilities abroad. "Those who practise in this country need guidance in navigating the tricky waters that The Despina R unleashed. This excellent book provides that guidance." The authors "have been uniquely well placed to meet the challenge of analysing what is a perplexing body of jurisprudence, and to suggest principled answers to currency issues that have not yet been the subject of judicial decision. They consider not merely claims in contract and tort, but every type of claim that might raise an issue in relation to a foreign currency." The Rt Hon. The Lord Phillips of Worth Matravers, KG, PC, President of the Supreme Court of the United Kingdom, 2009-2012