Recognition & Enforcement of Foreign Judgments - Chapter 5.1 - Transnational Litigation and Commercial Arbitration - 3rd Edition
Joseph Lookofsky is Professor of Private and Commercial Law at the University of Copenhagen. He received his B.A. in Economics from Lehigh University, his J.D. from the New York University School of Law, and was admitted to the New York State Bar in 1971. He received his Danish law degrees (cand.jur. and dr.jur.) from the University of Copenhagen and joined the Law Faculty there in 1982. Professor Lookofsky has lectured on the CISG and other international commercial law topics for the Danish Bar Association (Advokatsamfund), the Duke University Law School in North Carolina, the University of Bologna (Facoltá di Giurisprudenza), the Albert-Ludwigs-Universität Freiburg (Institut für Ausländisches und Internationales Privatrecht), and the Cornell-Paris I (Sorbonne) Summer Institute of International & Comparative Law. He is also Secretary General of the Danish Committee for Comparative Law (Association Internationale des Sciences Juridiques.
Ketilbjorn Hertz is Senior Consultant with the Danish Ministry of Justice, which he joined in 1997, and in that capacity he has participated in the drafting of important legislation, including the Bill, which led to the adoption of the Danish Arbitration Act 2005 He received degrees from the University of Copenhagen, B.A. in law in 1991, cand.jur. in 1993, B.A. in French in 1998, and Ph.D. in law in 1998.
5.1. GENERAL INTRODUCTION
Litigation ends when a judgment is rendered. Recognition of a judgment under the general principle of res judicata establishes certain legal barriers against re-litigation, thus avoiding the trouble and expense of resolving the same dispute more than once. A judgment rendered on the merits precludes a subsequent action proceeding on all or part of the same claim;1 and this claim-preclusion aspect of res judicata is recognized (in one form or another) in all legal systems,2 at least as regards the effects of judgements rendered within the forum State.
CHAPTER 5 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS5.1 General Introduction