Enforcement of Money Judgments
Protect your clients' current and future interests in more than 100 different countries! Enforcement of Money Judgments is a practical guide designed to help you solve the problems you face when you:
- Negotiate and draft a contract involving a foreign party
- Initiate a lawsuit against a party in, or with assets in, another country
Knowing the advantages and disadvantages of enforcing any eventual judgment before you execute a contract, or begin litigation proceedings will help you provide your client with more complete counsel.
Practitioners from over 100 countries provide practical information about procedural and substantive issues regarding foreign judgment enforcement. This information will help you determine the wisdom of choosing litigation or arbitration as the best method of dispute resolution and of proceeding with litigation that involves a party from another country - well before your client has any problems.
Get Help with Your International Contract and Litigation Questions!
Contract Considerations:
- Is it more efficient for the parties to contract to resolve their disputes through litigation or arbitration?
- What law should govern the interpretation of the agreement, and how will that choice of law affect the enforcement of an eventual judgment?
- What country should be the forum for resolving a dispute arising under the agreement?
- If a judgment is likely to be unenforceable in the country where the foreign party has assets, should the agreement provide for some other means of financial guaranty (e.g. escrow, bank guaranty, letter of credit)?
Litigation Considerations:
- Where is the best place for the plaintiff to commence litigation against the defendant?
- Is a special method of service or process needed in order to meet the foreign country's requirements of proper notice?
- If the defendant allows a default judgment to be taken against him, will it be enforceable against him abroad?
- Will the foreign country consider the defendant's appearance at the forum court's proceedings an implied submission to jurisdiction?
Format of the Publication:
Organized in a uniform question-and-answer format that addresses the receptiveness of each country toward the enforcement of foreign judgments; the procedural requirements for filing for enforcement; reciprocity; treaty provisions; and defenses.
Every Chapter is organized with the same special 3-Part arrangement, allowing you to quickly and easily locate the information you need for each country.
Part I contains a survey of the current attitude of each country's courts and government toward enforcing foreign money judgments, including anticipated changes and recent cases.
Part II discusses procedure the judgment creditor must follow to file for enforcement of the judgment in the other country, including translation of the judgment, currency conversion, attorneys' fees and recovery of interest.
Part III summarizes the requirements the judgment creditor must meet to enforce the foreign judgment, and the defense the judgment, and the defenses the judgment debtor must establish to prevent enforcement.
Time-saving extras you won't find elsewhere!
- English translations of important statutory provisions
- Citations to important cases
- A list of treaties in force
- Text of significant multilateral treaties
CURRENT update RELEASE 52
PDF of Title Page and T.O.C.
Table of Contents
Introduction
Questionnaire
Argentina
By Alfredo L. Rovira and Liuba Lencova Besheva
Armenia
By Edith Khachatourian
Australia
By Matthew Whittle and Carly Donovan
Austria
By Felix Konig and Eugen Salpius
Azerbaijan
By Anar Janmammadov
Bangladesh
By Badrud Doulah, Shamsud Doulah and Nasirud Doulah
Barbados
By Clark & Co.
Belarus
By Ekaterina Zabello and Kseniya Bedina
Belgium
By Jens De Winne
Belize
By Tania M. Moody
Bermuda
By Alex Potts
Bolivia
By Fernando Aguirre B
By Darwin Hem and Malyna Yin
Denmark
By Carsten Brink
VOLUME 2
Republic of Hungary
By Marc-Tell Madl, Katalin Lehner, Éva Kovács, Tibor Szabó, and Martin L. Wodraschk
Iceland
By Heidar Asberg Atlason
India
By Amar Gupta
Indonesia
By Hamud M. Balfas
Ireland
By Ėadaoin McLoughlin and Jack Tchrakian
Israel
By Joseph Benkel, Ofer Larisch and Shiri Bar
Italy
By Alberto Santa Maria, Claudio Biscaretti di Ruffila and Davide Pozzoli
Jamaica
By Roxanne A. Miller and Kelly A. Akin
Japan
By Masafumi Kodama
Jersey Channel Islands
By Gillian S. Robinson and Kai McGriele
Jordan
By Sami and Adib Habayeb
Kazakhstan (Republic of)
By Zhaniya B. Ussen and Scott Horton
Kenya
By Benjamin M. Musau
Korea
By Byung-Suk Chung
Kuwait
By Reema Ali
By Nurzhan Albanov
Latvia
By Ziedonis Udris
Lebanon (Republic of)
By Jihan R. Khattar
Liechtenstein
By Christoph Bruckschweiger
Lithuania
By Jūratė Kūgytė
Malaysia
By Dato’ Syed Ahmad Idid and Colin Y.C. Ong
Malta
By Hugh Paralta & Associates
Mauritius
By Siv Potayya
Mexico
By Reynaldo Urtiaga
Republic of Moldova
By Irina Moghiliova and Olga Celac
by David C. Buxbaum and Khaliunaa Nyamdorj
Myanmar (Burma)
By Thida Aye and James Finch
The Netherlands
By Kasper J. Krzemiński and Antonius I.M. van Mierlo
New Zealand
By Nathaniel Walker
Nigeria
By Irving & Bonnar
Norway
By Knut Boye
Oman (Sultanate of)
By Alastair Hirst
Pakistan
By Ali Adnan Ibrahim and Khurram Rashid
Panama
By Alfredo Ramírez, Jr.
Papua New Guinea
By Tim Glenn, Kingsford Wamp, and Blake Dawson
Paraguay
By Nestor Loizaga
Peru
By Jorge Velarde
Philippines
By Ponciano “Cho” C. Gonzales, Jr., Rosario Teresa R. Ganitano, Jo Katrina V. Brotonel, David Michael Go, and Ma. Eloisa S. Singzon
Poland
By Piotr Nowaczyk, Katarzyna Kempa, and Wojciech Jaworski
Portugal
By Catarina Guedes de Carvalho and Eva Freitas
By Hani Al Naddaf
VOLUME 3
Romania
By Mark A. Meyer and Rodica Vremescu
Russian Federation
By Roman Zaitsev
Saudi Arabia
By Abdulrahman Y. Baamir
Serbia
By Mia Kalaš
South Africa
By Roger Wakefield
Spain
By Juan Verdugo and Andrés Ignacio Martín
Sri Lanka
By F. J. & G. De Saram
St. Lucia
By Nicholas John & Co.
Sweden
By Einar Wanhainen and Johanna Forsberg
Switzerland
By Lukas Wyss
Syria
By Jacques El-Hakim
Taiwan
By Eve Chen and Wendy Chu
Tanzania
By Wilbert B. Kapinga
Thailand
By Worachai Bhicharnchitr
Trinidad and Tobago
By Jonathan Walker and Cherie Gopie
Tunisia
By Adly Bellagha
Turkey
By Serap Zuvin
Ukraine
By Pavlo Byelousov and Oleksandr Kushch
United Arab Emirates
By Ramsey B. Jurdi
United Kingdom (England & Wales)
By Christopher I. Millar
United States
By Michael L. Morkin, Kyle R. Olson, and Laura Kelly
Uruguay
By Roberto Gimenez Sorhouet, Mercedes Jimenez De Arechaga, Carlos Brandes, and Lucía Vilaseca
Venezuela
By Eugenia Hernandez-Breton
Vietnam
By Frederick Burke
Selected Multilateral Agreements on the Enforcement of Foreign Money Judgments
1. EEC Convention of 1968
2. EEC/EFTA Convention of 1988
3. Interamerican Convention of 1979
4. Interamerican Convention on Jurisdiction of 1984
5. Bustamante Code of 1928
6. Arab League Treaty of 1952
7.Hague Convention of 1971
About the Editor:
Lawrence W. Newman has been a partner in the New York office of Baker & McKenzie since 1971, when, together with the late Professor Henry deVries, he founded the litigation department in that office. He is the author/editor of 4 works on International Litigation/Arbitration.
"... indispensable for persons involved in transnational disputes. It is a practical and useful reference guide for lawyers dealing with international contracts. An Excellent reference work."
- International Journal of Legal Information
About the Editor:
Lawrence W. Newman has been a partner in the New York office of Baker & McKenzie since 1971, when, together with the late Professor Henry deVries, he founded the litigation department in that office. He is the author/editor of 4 works on International Litigation/Arbitration.
"... indispensable for persons involved in transnational disputes. It is a practical and useful reference guide for lawyers dealing with international contracts. An Excellent reference work."
- International Journal of Legal Information
CURRENT update RELEASE 52
PDF of Title Page and T.O.C.
Table of Contents
Introduction
Questionnaire
Argentina
By Alfredo L. Rovira and Liuba Lencova Besheva
Armenia
By Edith Khachatourian
Australia
By Matthew Whittle and Carly Donovan
Austria
By Felix Konig and Eugen Salpius
Azerbaijan
By Anar Janmammadov
Bangladesh
By Badrud Doulah, Shamsud Doulah and Nasirud Doulah
Barbados
By Clark & Co.
Belarus
By Ekaterina Zabello and Kseniya Bedina
Belgium
By Jens De Winne
Belize
By Tania M. Moody
Bermuda
By Alex Potts
Bolivia
By Fernando Aguirre B
By Darwin Hem and Malyna Yin
Denmark
By Carsten Brink
VOLUME 2
Republic of Hungary
By Marc-Tell Madl, Katalin Lehner, Éva Kovács, Tibor Szabó, and Martin L. Wodraschk
Iceland
By Heidar Asberg Atlason
India
By Amar Gupta
Indonesia
By Hamud M. Balfas
Ireland
By Ėadaoin McLoughlin and Jack Tchrakian
Israel
By Joseph Benkel, Ofer Larisch and Shiri Bar
Italy
By Alberto Santa Maria, Claudio Biscaretti di Ruffila and Davide Pozzoli
Jamaica
By Roxanne A. Miller and Kelly A. Akin
Japan
By Masafumi Kodama
Jersey Channel Islands
By Gillian S. Robinson and Kai McGriele
Jordan
By Sami and Adib Habayeb
Kazakhstan (Republic of)
By Zhaniya B. Ussen and Scott Horton
Kenya
By Benjamin M. Musau
Korea
By Byung-Suk Chung
Kuwait
By Reema Ali
By Nurzhan Albanov
Latvia
By Ziedonis Udris
Lebanon (Republic of)
By Jihan R. Khattar
Liechtenstein
By Christoph Bruckschweiger
Lithuania
By Jūratė Kūgytė
Malaysia
By Dato’ Syed Ahmad Idid and Colin Y.C. Ong
Malta
By Hugh Paralta & Associates
Mauritius
By Siv Potayya
Mexico
By Reynaldo Urtiaga
Republic of Moldova
By Irina Moghiliova and Olga Celac
by David C. Buxbaum and Khaliunaa Nyamdorj
Myanmar (Burma)
By Thida Aye and James Finch
The Netherlands
By Kasper J. Krzemiński and Antonius I.M. van Mierlo
New Zealand
By Nathaniel Walker
Nigeria
By Irving & Bonnar
Norway
By Knut Boye
Oman (Sultanate of)
By Alastair Hirst
Pakistan
By Ali Adnan Ibrahim and Khurram Rashid
Panama
By Alfredo Ramírez, Jr.
Papua New Guinea
By Tim Glenn, Kingsford Wamp, and Blake Dawson
Paraguay
By Nestor Loizaga
Peru
By Jorge Velarde
Philippines
By Ponciano “Cho” C. Gonzales, Jr., Rosario Teresa R. Ganitano, Jo Katrina V. Brotonel, David Michael Go, and Ma. Eloisa S. Singzon
Poland
By Piotr Nowaczyk, Katarzyna Kempa, and Wojciech Jaworski
Portugal
By Catarina Guedes de Carvalho and Eva Freitas
By Hani Al Naddaf
VOLUME 3
Romania
By Mark A. Meyer and Rodica Vremescu
Russian Federation
By Roman Zaitsev
Saudi Arabia
By Abdulrahman Y. Baamir
Serbia
By Mia Kalaš
South Africa
By Roger Wakefield
Spain
By Juan Verdugo and Andrés Ignacio Martín
Sri Lanka
By F. J. & G. De Saram
St. Lucia
By Nicholas John & Co.
Sweden
By Einar Wanhainen and Johanna Forsberg
Switzerland
By Lukas Wyss
Syria
By Jacques El-Hakim
Taiwan
By Eve Chen and Wendy Chu
Tanzania
By Wilbert B. Kapinga
Thailand
By Worachai Bhicharnchitr
Trinidad and Tobago
By Jonathan Walker and Cherie Gopie
Tunisia
By Adly Bellagha
Turkey
By Serap Zuvin
Ukraine
By Pavlo Byelousov and Oleksandr Kushch
United Arab Emirates
By Ramsey B. Jurdi
United Kingdom (England & Wales)
By Christopher I. Millar
United States
By Michael L. Morkin, Kyle R. Olson, and Laura Kelly
Uruguay
By Roberto Gimenez Sorhouet, Mercedes Jimenez De Arechaga, Carlos Brandes, and Lucía Vilaseca
Venezuela
By Eugenia Hernandez-Breton
Vietnam
By Frederick Burke
Selected Multilateral Agreements on the Enforcement of Foreign Money Judgments
1. EEC Convention of 1968
2. EEC/EFTA Convention of 1988
3. Interamerican Convention of 1979
4. Interamerican Convention on Jurisdiction of 1984
5. Bustamante Code of 1928
6. Arab League Treaty of 1952
7.Hague Convention of 1971