This 2007 book assists the practitioner seeking to enforce a foreign judgment in the United States or a US-rendered judgment abroad in navigating the lack of procedural uniformity that exists and in planning strategies likely to ensure effective enforcement. As a handbook, it provides the practitioner with a framework and resources with which to approach and further research the laws of the relevant state or country. In Part One, the guide takes the practitioner chronologically through the process of obtaining a US court's recognition and enforcement of judgments rendered abroad. Part Two takes the practitioner through the process of obtaining an overseas jurisdiction's recognition and enforcement of judgments rendered in the United States. Part Three assesses the current trends in the US and in the international trade environment regarding enforcement of judgments which may be made by foreign courts.
Robert E. Lutz is Professor of Law at Southwestern University School of Law in Los Angeles, California. He has held the Treusch and Buchalter Chairs at the law school and teaches a wide range of public international law, international commercial law and dispute-resolution subjects. He is a member of the American Law Institute, the Pacific Council on International Policy (affiliate of the Council on Foreign Relations), and a Fellow of the American Bar Foundation. He arbitrates public international and private international commercial disputes, and actively serves on NAFTA binational arbitration panels and is a listed panelist for the World Trade Organization. He has authored numerous articles, books and legislation including a leading textbook which he co-authored called International Environment Law & Policy (Aspen, 1998).
Acknowledgments; Part I. Enforcement of Foreign Judgments in the US: 1. Overview; 2. Phase one: before recognition; 3. Phase two: converting the judgment; 4. Phase three: executing a converted judgment in the US courts; 5. Conclusion; 6. Bibliography; 7. Forms; Part II. Enforcement of Foreign Judgments Abroad: 8. Overview; 9. How to identify and select foreign counsel; 10. Documentation for enforcement; 11. Understanding foreign enforcement frameworks; 12. Conclusion; 13. Bibliography; Part III. The Future of Enforcing Foreign Judgments: 14. Introduction; 15. Hague Convention; Part IV. International Jurisdiction and Judgments Project of the American Law Institute: 16. International trade flexibility and the enforcement of foreign judgments.