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V - Conclusion

Published online by Cambridge University Press:  16 November 2009

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Summary

Part Two of this handbook is intended to outline for the U.S. practitioner how to obtain recognition and enforcement of a U.S. court-rendered judgment overseas. Once the practitioner has determined that the client requires foreign representation, the U.S. practitioner should become familiar with the recognition and enforcement regime to which the country in which recognition and enforcement are sought adheres: common law, exequatur, Bustamante Code, Brussels Regulation, or statutory scheme. If the country in which judgment is sought is Islamic, the U.S. practitioner should focus instead on obtaining an award under an international arbitration convention.

The practitioner has two goals in obtaining recognition and enforcement of a U.S. court-rendered judgment: the ethical goal to avoid the unlicensed practice of law (UPL) in an overseas jurisdiction (or in a domestic jurisdiction that does not permit the hiring of foreign legal consultants [FLCs]); and the professional goal of identifying, selecting, and informing foreign counsel of the underlying domestic action and validity of the U.S. judgment on the client's behalf.

As a practitioner, you have many resources available to you to help you meet these goals. This handbook provides a reference outline for beginning the process. However, before advising your client about foreign enforcement of a U.S. court-rendered judgment, you should review the resources particularly applicable to the country in which you will seek enforcement and recognition.

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Publisher: Cambridge University Press
Print publication year: 2006

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  • Conclusion
  • Robert E. Lutz
  • Book: A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
  • Online publication: 16 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511356.014
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  • Conclusion
  • Robert E. Lutz
  • Book: A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
  • Online publication: 16 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511356.014
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Robert E. Lutz
  • Book: A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
  • Online publication: 16 November 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511511356.014
Available formats
×