Promoting Foreign Judgments

Promoting Foreign Judgments
Author: Pontian N. Okoli
Publisher: Kluwer Law International B.V.
Total Pages: 356
Release: 2019-10-07
Genre: Law
ISBN: 9403511125

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In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.

A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad

A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
Author: Robert E. Lutz
Publisher: Cambridge University Press
Total Pages: 507
Release: 2006-12-25
Genre: Law
ISBN: 1139460323

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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.

Procedures to Enforce Foreign Judgments

Procedures to Enforce Foreign Judgments
Author: Paul J. Omar
Publisher: Routledge
Total Pages: 109
Release: 2017-11-22
Genre: Law
ISBN: 1351750674

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This title was first published in 2002: Within Europe and beyond, foreign judgement enforcement is now an essential component for the development of international commerce. This indispensable volume traces and analyzes steps and procedures for the enforcement of foreign judgements in national courts, including summarizing the principles which are the preconditions for that enforcement.

International Enforcement of Foreign Judgments

International Enforcement of Foreign Judgments
Author: B International Business Law Consortium
Publisher: Lulu.com
Total Pages: 582
Release: 2006
Genre: Law
ISBN: 1411672577

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The purpose of this directory is to briefly explain and summarise in an easy to follow question and answer format the law and procedures on enforcement of foreign civil and commercial judgments in key jurisdictions around the world. It is not intended to specifically cover family law or arbitration although in some instances references are made to relevant conventions and regulations in these areas. The jurisdictions and the corresponding questions and answers are set out alphabetically.

Paving the Way for Another Direction in the Promotion of Enforcement of Foreign Judgments

Paving the Way for Another Direction in the Promotion of Enforcement of Foreign Judgments
Author: Hikari Saito
Publisher:
Total Pages: 0
Release: 2022
Genre:
ISBN:

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There is a brand-new idea to promote recognition and enforcement of foreign judgments, which is the conclusion of a memorandum of guidance as to the enforcement of money judgments between courts ('Memorandum of Guidance'). The first Memorandum of Guidance was concluded between the Dubai International Financial Centre ('DIFC') Courts and the Commercial Court of England and Wales in 2013. This article will seek the answer to the question of whether Memoranda of Guidance will be another effective way to promote the enforcement of foreign judgments.

Foreign Judgments

Foreign Judgments
Author: Francis Taylor Piggott
Publisher:
Total Pages: 320
Release: 1879
Genre: Conflict of laws
ISBN:

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Private International Law in Commonwealth Africa

Private International Law in Commonwealth Africa
Author: Richard Frimpong Oppong
Publisher: Cambridge University Press
Total Pages: 559
Release: 2013-09-12
Genre: Law
ISBN: 0521199697

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A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.