Foreign Judgments

Fair Use, the First Amendment, and the Enforcement of Foreign Judgments

A court in the United States is not required to enforce a foreign money judgment when that judgment is “repugnant to the public policy of . . . the United States.” The First Amendment to the U.S. Constitution is the classic example of U.S. public policy on freedom of speech and freedom of the press….

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Enforcing Chinese Judgments

It has become routine for courts in the United States to recognize and enforce Chinese judgments, subject to the same limits that are applied to judgments from other countries. Last year, a New York court threatened to upset this positive trend. Relying on U.S. State Department Country Reports noting corruption and lack of judicial independence…

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The Real Significance of the Hague Convention on Choice of Court Agreements

The stated purpose of the 2005 Hague Convention on Choice of Court Agreements (“COCA”) is to “provide[] certainty and ensure[] the effectiveness of exclusive choice of court agreements between parties to commercial transactions.” The treaty seeks to achieve this goal in two primary ways. First, the courts in contracting states must enforce choice of court…

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When Should Federal Common Law Govern Transnational Litigation?

The conventional wisdom is that transnational litigation “can trigger foreign relations concerns.” Because the federal government has primary responsibility for the United States’ relations with other nations, the question naturally arises whether federal law should govern such litigation even when neither a federal statute, nor the U.S. Constitution, nor a treaty is applicable. Currently, as…

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A Primer on State Law in Transnational Litigation

[Editors: This post is one in a series of Primers on topics in transnational litigation. Primers on each of the topics listed in the Topics menu are planned, and some already appear on the relevant topic pages.] The procedural and substantive rules that U.S. courts apply in transnational litigation come from many sources, including the…

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Throwback Thursday: Joseph Story and the Comity of Nations

One of the most influential books on transnational litigation was written nearly two centuries ago by a sitting Justice of the U.S. Supreme Court. Joseph Story’s Commentaries on the Conflict of Laws, first published in 1834, synthesized foreign and domestic cases regarding conflict of laws and the enforcement of foreign judgments. Story endorsed international comity…

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Recent Scholarship on Foreign Judgments

Michael Solimine recently posted an interesting paper exploring the connection between party autonomy, on the one hand, and the recognition and enforcement of foreign judgments, on the other. Solimine thoughtfully engages with the argument that private parties should be permitted to select, in advance, the law that will govern the recognition and enforcement of foreign…

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Litigating a Russian Bond Default

Russian 200 ruble note

The Russian invasion of Ukraine, and the sanctions imposed in response by the United States and other governments, have fueled expectations of a Russian sovereign debt default. Despite the Russian government’s recent coupon payments on two dollar bonds and apparent desire to avoid default, prices remain in deeply distressed territory. As often happens in such…

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An Insightful Post on a Recent Case

Ted Folkman has a post over at Letters Blogatory discussing a case – CDM Smith v. Atasi – decided by the Federal District Court for the District of of Massachusetts in March 2022. The court first considers whether a judgment rendered by the labor courts of Saudi Arabia is enforceable in Massachusetts. It then goes…

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United States Signs the Hague Judgments Convention

On March 2, 2022, the United States signed the Convention of July 2, 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, better known as the Hague Judgments Convention. This post describes the Convention and next steps.

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Ingrid Brunk Wuerth

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
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Maggie Gardner

Cornell Law School
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John Coyle

University of North Carolina School of Law
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Emma White

Vanderbilt Law School
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Ellen Nohle

Yale Law School
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Chris Ewell

EarthRights International
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Oona A. Hathaway

Yale Law School
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David L. Sloss

Santa Clara University School of Law
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Swathi Rajan

Santa Clara University School of Law
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Yanbai Andrea Wang

University of Pennsylvania Carey Law School
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Pamela K. Bookman

Fordham University School of Law
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Alyssa S. King

Queen’s University Faculty of Law
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Katie Burghardt Kramer

DGW Kramer LLP
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