Foreign Judgments

In the United States, the recognition and enforcement of foreign-country judgments is generally governed by state law. Most states have adopted one of two Uniform Acts that provide for the recognition and enforcement of foreign money judgments subject to certain exceptions, including lack of jurisdiction, fraud, and public policy. There is also a federal statute, the SPEECH Act, that governs the recognition and enforcement of foreign defamation judgments. The United States has signed two judgments treaties, the 2005 Hague Convention on Choice of Court Agreements and the 2019 Hague Judgments Convention, but neither has yet been sent to the Senate for ratification.

A Primer on Foreign Judgments

By William S. Dodge

March 25, 2022 posted in: Foreign Judgments

In the United States, the recognition and enforcement of foreign-country judgments is generally governed by state law. Nevertheless, the law on foreign judgments is fairly uniform throughout the United States because most states have adopted one of two Uniform Acts. These Acts establish a presumption that final, conclusive, and enforceable foreign judgments are entitled to…

Recent Posts

Federal Circuit Revives Afghanistan Lease Dispute

By William S. Dodge

June 18, 2025 posted in: Foreign Judgments

In a recent decision, Lessors of Abchakan Village v. Secretary of Defense, the Federal Circuit reversed the Armed Services Board of Contract Appeals (the “Board”) and revived a claim by Afghan villagers for $28 million in unpaid rent on a lease for a U.S. military base. Whether the villagers or the Government of Afghanistan owned…

Throwback Thursday: Hilton v. Guyot

By William S. Dodge

June 5, 2025 posted in: Foreign Judgments

One hundred and thirty years ago this week, on June 3, 1895, the Supreme Court decided Hilton v. Guyot. Hilton is the seminal decision on recognizing and enforcing foreign judgments in U.S. courts. Although the federal common law rule that Hilton announced has been superseded by state law, Hilton continues to influence state rules in…

Who Has the Authority to Waive Sovereign Immunity Via Contract?

By John F. Coyle

June 4, 2025 posted in: Foreign Judgments

In a prior post, Ingrid Brunk and I wrote about the ways that foreign nations can waive their sovereign immunity via various types of contractual provisions. There are, however, additional requirements that must be satisfied for a contractual waiver of sovereign immunity to be valid. Among other things, a party seeking to enforce such a…

Uniform Foreign-Country Money Judgments Recognition Act (2005)

Uniform Foreign Money-Judgments Recognition Act (1962)

SPEECH Act, 28 U.S.C. §§ 4101-4105

Restatement (Fourth) of Foreign Relations Law §§ 481-490

Hague Convention on Choice of Court Agreements (2005)

Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019)

Ronald A. Brand, The Hague Judgments Convention in the United States: A “Game Changer” or A New Path to the Old Game?, 82 U. Pitt. L. Rev. 847 (2021) (SSRN)

William S. Dodge & Wenliang Zhang, Reciprocity in China-Us Judgments Recognition, 53 Vand. J. Transnat’l L. 1541 (2020) (SSRN)

Ronald A. Brand, The Continuing Evolution of U.S. Judgments Recognition Law, 55 Colum. J. Transnat’l L. 277 (2017) (SSRN)

John F. Coyle, The SPEECH Act and the Enforcement of Foreign Libel Judgments in the United States, 18 Y.B. Priv. Int’l L. 245 (2017) (SSRN)

Tanya J. Monestier, Whose Law of Personal Jurisdiction? The Choice of Law Problem in the Recognition of Foreign Judgments, 96 B.U. L. Rev. 1729 (2016) (BU)

Linda J. Silberman & Aaron D. Simowitz, Recognition and Enforcement of Foreign Judgments and Awards: What Hath Daimler Wrought?, 91 N.Y.U. L. Rev. 344 (2016) (SSRN)

Ronald A. Brand, Understanding Judgments Recognition, 40 N.C. J. Int’l L. & Com. Reg. 877 (2015) (SSRN)

John F. Coyle, Rethinking Judgments Reciprocity, 92 N.C. L. Rev. 1109 (2014) (SSRN)

Wiliam S. Dodge, Breaking the Public Law Taboo, 43 Harv. Int’l L.J. 161 (2002) (SSRN)

Linda J. Silberman & Andreas F. Lowenfeld, A Different Challenge for the ALI: Herein of Foreign Country Judgments, an International Treaty, and an American Statute, 75 Ind. L.J. 635 (2000) (Indiana)