creditors' rights after the recognition of the foreign judgment
62) Quebec has thus, by legislation, resolved the issue discussed by Black and Swan, supra note 42, of whether the forum should recognize a foreign judgment
reached in a parallel action if the foreign court issues judgment first.
ALI, Proposed Foreign Judgments
Act, supra note 19, [section] 7(a) provides: "A foreign judgment
shall not be recognized or enforced in a court in the United States if the court finds that comparable judgments of courts in the United States would not be recognized or enforced in the courts of the state of origin.
Despite the perceived advantages of this practice, it is difficult to introduce expert evidence in a Canadian court to establish the principles of a foreign governing law and to enforce a foreign judgment
in Canada if a U.
Many parties found themselves seeking to have states register foreign child support orders the way they would any foreign judgment
; they had to rely on a separate statute in a state that took cognizance of a foreign judgment
, or they had to rely on the doctrine of comity.
A foreign judgment
will be recognized and enforced only if the original court had jurisdiction based on a real and substantial connection with the parties and/or the action.
The total reached $24 million when a Kansas bank recently filed a foreign judgment
against Clary and his wife, Cynthia, in Pulaski County Circuit Court.
The law--authored by Assemblymen Rory Lancman and Tom Alfano and Senate Deputy Majority Leader Dean Skelos--bars New York courts from enforcing such foreign libel judgments, and expands a person's ability to have a court declare a foreign judgment
Then a Montana business owner could find himself in court in another country--or in this country, defending himself against a foreign judgment
27) The Hague Convention does provide member countries with an escape clause, so long as the foreign judgment
is "manifestly incompatible with public policy.
For the enforcement of a foreign judgment
in the EU, the interested party must file a recourse with the Court of Appeal along with the original judgment and other documents.
declaration of non-enforceability of a foreign judgment