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Enforcement of Money Judgments
About the Book:
Protect your clients' current and future interests in more than 95 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.
Get Help with Your International Contract and Litigation Questions!
- 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)?
- 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?
Format of the Publication:
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.
Time-saving extras you won't find elsewhere!
- English translations of important statutory provisions
- Citations to important cases
- A list of treaties in force
- Text of significant multilateral treaties
Table of Contents
By Alfredo L. Rovira, Pablo A. Grillo Ciocchini and Mariana A. Miglino
By Edith Khachatourian
By Clint Hinchen and Tanya Thomas
By Eugen Salpius
By Mikayil Jabbarov and Scott Horton
By A.B.M. Badrud Doulah & A.B.M. Shamsud Doulah
By Clark & Co.
By Ekaterina Zabello, Mikalai Markounik and Yaroslav Myakotkin
By Peter Callens
By Tania M. Moody
By Narinder Hargun and Alex Potts
By Pablo Rojas
Bosnia and Herzegovina
By Branko Marić
By Jose Orlando A. Arrochela Lobo and Ana Paula Hubinger Araujo
By Datin Paduka Hayati binte POKSDSP Haji Mohd. Salleh and Dr. Colin Y.C. Ong
By Tzvetelina Dimitrova-Uzunova
by Naryth H. Hem and Sovearcha Yangny
By Igor Ellyn, QC , Evelyn Perez Youssoufian, Jean-Pierre Sheppard, Jennifer Hansen and Jonathan Feingold
By Alessandri & Compańia
China (People’s Republic of)
by Eugene Chen
China-Hong Kong Special Administrative Region
By Alan Linning and Carman Yung
By Andrew Abela-Maldonado
By Roy de J. Herrera
Croatia (Republic of)
By Vladimir Mamic and Martina Mladina Kavuric
By Xenios L. Xenopoulos
By Arthur Braun and Hedvika Hartmanová
By Carsten Brink
Democratic Republic of Congo
By Armand K. Ciamala
By Jose Rumazo-Arcos and Dr. Diego Palacios
By Mohammed Hassouna
By Ene Soop and Carry Plaks
By Nicholas Barnes
By Petteri Uoti and Markus Mattila
By Stephan Adell
By Dr. Wulf Merkel and Dr. Jens Lösekrug
By Larry Otoo
By Haroula Constandinidou
By Luis Beltranena Valladares and Francisco Chávez Bosque
Republic of Hungary
By Dr. Marc-Tell Madl, Dr. Katalin Lehner, Dr. Éva Kovács LL.M, Dr. Tibor Szabó and Martin L. Wodraschk
By Othar Orn Petersen and Heidar Asberg Atlason
By Dhirajkumar Kishorkumar Totala, Rozmin Lakhani and Neha Samant
By Hamud M. Balfas and Ali Budiardjo Nugroho Reksodiputro
By Klaus Reichert and Duncan S.J. Grehan
By Joseph Benkel, Ofer Larisch and Shiri Bar
By Alberto Santa Maria, Claudio Biscaretti di Ruffila and Davide Pozzoli
By Donovan C. Walker and Roxanne A. Miller
By Masafumi Kodama
Jersey Channel Islands
By Gillian S. Robinson and Kai McGriele
By Sami and Adib Habayeb
Kazakhstan (Republic of)
By Zhaniya B. Ussen and Scott Horton
By Peter Le Pelley
By Kim & Chang
By Reema Ali
By Aizhan Albanova
By Ziedonis Udris
Lebanon (Republic of)
By Jihan R. Khattar
By Christoph Bruckschweiger
By Jurate Kugyte
By Dato’ Syed Ahmad Idid and Dr. Colin Y.C. Ong
By Hugh Paralta & Associates
By Siv Potayya
By Reynaldo Urtiaga
Republic of Moldova
By Irina Moghiliova and Olga Celac
by David C. Buxbaum
By Thida Aye and James Finch
By Antonius I.M. van Mierlo and Bo Ra D. Hoebeke
By Adrian Olney and Isabella Clarke
By Irving & Bonnar
By Knut Boye
Oman (Sultanate of)
By Alastair Hirst
By Ali Adnan Ibrahim and Khurram Rashid
By Alfredo Ramírez, Jr.
Papua New Guinea
By Tim Glenn and and Kingsford Wamp
By Nestor Loizaga and Beatriz Pisano
By Jorge Velarde
By Ponciano “Cho” C. Gonzales, Jr.,
Rosario Teresa R. Ganitano,
Jo Katrina V. Brotonel,
David Michael Go, and
Ma. Eloisa S. Singzo
By Piotr Nowaczyk and Wojciech M. Jaworski
By Susana SantosValente and Inęs Gomes da Cruz
By Ahmad Anani
By Mark A. Meyer, Esq. and Cristina Ghiberdic, Esq.
By Roman Zaitsev
Saudi Arabia (Kingdom of)
By David M. Wells
Serbia and Montenegro
By Dr. Dubravka Kosic
By Elizabeth Wong and Desmond Ho Jong Jan
By JUDr. Ernest Valko
By Živa Južnič and Mia Kalaš
By Roger Wakefield
By Antonio Fernández and Juan Verdugo
By F. J. & G. De Saram
By Nicholas John & Co.
By Einar Wanhainen and Mikael Björkman
By Bernard Dorsaz
By Jacques El-Hakim
By Marcus Clinch and Eve Chen
By Wilbert B. Kapinga
By Worachai Bhicharnchitr
Trinidad and Tobago
By Christopher Hamel-Smith and Stuart R. Young
By Adly Bellagha
By Serap Zuvin
By Dr. Tatyana Slipachuk and Pavlo Byelousov
United Arab Emirates
By Yanal A. Kilani and Rasha W. Haloub
United Kingdom (England & Wales)
By Christopher I. Millar
By Michael L. Morkin and Ethan A. Berghoff
By Roberto Gimenez Sorhouet and Mercedes Jimenea De Arechaga
By Eugenia Hernandez-Breton
By Tran Thi Thanh Ha
By Michael Sheehan
Selected Multilateral Agreements on the Enforcement
of Foreign Money Judgments
1. EEC Convention of 1968
2. EEC/EFTA Convention of 1988
3. Interamerican Convention of 1979
4. Interamerican Convention on Jurisdiction of 1984
5. Bustamante Code of 1928
6. Arab League Treaty of 1952
7. Hague Convention of 1971
Lawrence W. Newman has been a partner in the New York office of Baker & McKenzie since 1971, when, together with the late Professor Henry deVries, he founded the litigation department in that office. He is the author/editor of 4 works on International Litigation/Arbitration.
Praise for Enforcement of Money Judgments
"... indispensable for persons involved in transnational disputes. It is a practical and useful
reference guide for lawyers dealing with international contracts. An Excellent reference work."
- International Journal of Legal Information