Enforcement of Foreign Judgments , explained | Lex Animata | Hesham Elrafei

May 19, 2019 posted by

traditionally a foreign court decision was denied any force beyond its territory in particular with the rise of sovereignty of states in a connected and globalized world the enforcement of foreign judgments became an important subject of conflicts of law as persons and assets easily move across borders since the foreign court decision has no force by itself in another country the field of recognition and enforcement of foreign judgments evolved to mediate between two competing concepts first liberal approach toward enforcing foreign judgments taking in consideration the legal certainty and harmony in transnational trials by avoiding repeated litigation and conflicting decisions between foreign courts plus to make it harder for the losing party to avoid liability second a conservative approach toward foreign judgments based on reciprocity and sovereign states rights by rejecting the enforcement of foreign court decisions since the litigation abroad can be corrupted or in violation with the public policy while criminal cases fall under extradition enforcement of foreign judgments is limited to civil and commercial matters and it is governed by treaties domestic law principles of comity reciprocity and res judicata as a result the number of treaties has grown quickly in order to regulate this conflict of law and states tend to deny the enforcement of a judgment under the following criterias first whether the foreign court has jurisdiction over the case second the judgment has to be valid on the mayor so final with no further appeal under the law of the requesting judge third that the defendant had the right to fair trial was served with notice of the proceedings for the chance to defend himself before the court and to appeal the judge decision and lastly that the judgment is not contrary to the public policy of the enforcing country


2 Replies to “Enforcement of Foreign Judgments , explained | Lex Animata | Hesham Elrafei”

  1. IPOOL C-KOOL says:

    Why don't you make international law animation of mutual legal assistance cooperation?

  2. SCORCHER2003 says:

    Say that a Territory is one's own body and personal property which is protected by natural birth rights. It would now be state vs state correct?

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