Recognition of Foreign Judgments in the United States (VIDEO)
The British Virgin Island (BVI) Court will enforce via BVI Court judgments amounts due under judgments arising out of foreign insolvency processes, provided those judgments satisfy the common law tests of finality,...more
On 1 July 2025, the Hague Convention of July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the “Convention”) came into force in the UK. The Convention allows civil and commercial...more
The 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Judgments Convention) is in force for the UK from July 1, 2025....more
You may have a judgment from a United States court against a Chinese company, and are about to contemplate the possibility of enforcing it in the far east. Prior to the commencement of your enforcement journey, perhaps you...more
You won your case, but how do you enforce the judgment, especially if the debtor’s assets are in another state? To collect in Texas, you need a judgment that’s valid in Texas. If your judgment is from out of state — a foreign...more
The Court of Appeal has held that seeking satisfaction of a foreign judgment debt using a statutory demand and the spectre of bankruptcy proceedings first requires the judgment to be recognised in this jurisdiction....more
In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...more
A recent federal court decision underscores a critical point for parties seeking to enforce foreign judgments in the U.S.: recognition of a foreign judgment does not require personal jurisdiction over the defendant....more
The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more
The Supreme Court’s January 27, 2025 decision denying the Republic of Argentina’s petition for a writ of certiorari in Argentina v. Attestor Master Value leaves unresolved a split between the federal circuit courts over what...more
Being able to enforce a judgment is of crucial importance for businesses: securing a judgment is a pyrrhic victory unless it can be enforced. Here we explore whether concerns about the recognition and enforcement procedure...more
Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the United Kingdom that established the Supreme Court as the primary...more
Perhaps you represent a U.S. company that is entering into a contract with an overseas entity, or vice versa. You are contemplating whether the contract should provide for arbitration or litigation in the event of a dispute....more
In a recent decision dated 15 August 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 339 of 2023 (Civil) confirmed that a judgment from a foreign court may be enforced in the United Arab Emirates (UAE)...more
In a recent decision dated 4 June 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 392 of 2024 held that a summary judgment issued by the Ontario Superior Court of Justice, Canada, recognizing a restitution...more
After it became clear that they would lose World War II, Nazi Germany and Hungary raced to complete their eradication of the Jews before the Axis surrendered. The Axis powers wiped out more than two-thirds of Hungary’s...more
Background - In Dubai, there has been scope for jurisdictional conflicts to arise between the common law, English language Dubai International Financial Centre (DIFC) Courts, and the ‘onshore’ Dubai Courts, which are Arabic...more
In the current economic climate, it is important that lenders understand how they can enforce security and debt claims, to help in assessing options in the event of default by their customers, and when structuring new...more
The English High Court held in Invest Bank PSC v El-Husseini [2023] EWHC 2302 that a foreign judgment with res judicata effect in its jurisdiction of origin can be enforced in England at common law even if it is unenforceable...more
In the recent case of Invest Bank PSC v. Ahmad Mohammed El-Husseini and Others [2023] 2302 (Comm), the High Court of England and Wales determined that two monetary judgments issued in the United Arab Emirates (UAE) could be...more
On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more
Sun Vessel Global Limited (Appellant) v (1) HQ Aviation Limited, (2) Great Lakes Insurance (UK) SE (Respondents) Judgment given on 9 January 2023. Court’s Jurisdiction to reconsider matters before delivery of its perfected...more
Welcome to the sixth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. This edition features articles on offshore...more
A recent decision in a British Virgin Islands court case has raised a number of questions regarding the enforcement of foreign judgments in offshore jurisdictions that have implemented firewall legislation, and highlights...more
Offshore: What is appropriate? Robert Lindley and Wesley O’Brien discuss cases where offshore family courts act as auxiliaries to those onshore - Generally, for a foreign judgment to be capable of enforcement in an...more