By Robert E. Lutz
This e-book assists the practitioner looking to implement a international judgment within the usa or a U.S. rendered judgment out of the country in navigating the inability of procedural uniformity that exists and in making plans techniques prone to make certain potent enforcement. As a guide, it presents the practitioner with a framework and assets with which to procedure and additional study the legislation of the proper nation or nation. partially One, the consultant takes the practitioner chronologically in the course of the strategy of acquiring a U.S. court's reputation and enforcement of judgments rendered in a foreign country. half takes the practitioner in the course of the strategy of acquiring an abroad jurisdiction's attractiveness and enforcement of judgments rendered within the usa. half 3 assesses the present traits within the U.S. and within the foreign exchange atmosphere concerning enforcement of judgments that may be made by means of international courts.
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Extra resources for A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
50a-200 (Supp. ; see also articles by Tietz, supra note 148. 0:48 P1: JZP 0521858747pt-1˙sec-3a CUNY418B/Lutz Printer: cupusbw III. Phase Two: Converting the Judgment 0 521 85874 7 October 28, 2006 27 7. S. court. For example, the court in de la Mata v. American Life Insurance110 the court found the plaintiff’s failure to inform the Bolivian court of her waiver of all claims under the insurance policy at issue was extrinsic fraud and precluded recognition. Intrinsic fraud, on the other hand, involving perjury in the proceedings where defendant has had an opportunity to present defenses, is not fatal to subsequent recognition.
Standard SS Owners Protection & Indemn. Ass’n v. D. La. 1992). Cal. Code Civ. Proc. 4(b)(2) provides discretionary non-recognition based on extrinsic fraud. See also Los Angeles Airways, Inc. v. , 156 Cal. Rptr. 805, 808 (1979) (discussing the “extrinsic/intrinsic fraud rule”); Fairchild, Arabatzis & Smith, Inc. v. , 470 F. Y. 1979). See generally Russell J. Weintraub, International Litigation and Arbitration 217 (1994, Supp. 2003). Hilton, supra, Part One, I, note 8, at 227–8. , Bank of Montreal v.
2d 468 (extrinsic v. intrinsic fraud). 771 F. Supp. 1375 (D. De. 1991). Standard SS Owners Protection & Indemn. Ass’n v. D. La. 1992). Cal. Code Civ. Proc. 4(b)(2) provides discretionary non-recognition based on extrinsic fraud. See also Los Angeles Airways, Inc. v. , 156 Cal. Rptr. 805, 808 (1979) (discussing the “extrinsic/intrinsic fraud rule”); Fairchild, Arabatzis & Smith, Inc. v. , 470 F. Y. 1979). See generally Russell J. Weintraub, International Litigation and Arbitration 217 (1994, Supp.