Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-25wd4 Total loading time: 0 Render date: 2024-04-29T07:39:17.739Z Has data issue: false hasContentIssue false

III - Documentation for Enforcement

Published online by Cambridge University Press:  16 November 2009

Get access

Summary

Once foreign counsel has been retained, you will have to provide counsel with information and documentation necessary for enforcing the judgment. A copy of the judgment itself is universally required, and some courts may additionally require the principal pleadings of the case. This raises the issue of what requirements have to be met for authentication of those documents to be submitted to the foreign court, which will be a matter of local law in the enforcing jurisdiction. In addition to those documents that will be submitted to the foreign court, foreign counsel must have a clear understanding of the underlying adjudication in the United States. Defendant might raise issues regarding the law upon which the U.S. cause of action was based or question the U.S. court's jurisdiction to render the judgment. Therefore, all pleadings from the underlying adjudication not otherwise required for submission to the foreign court might still be required by foreign counsel in order to prepare pleadings for conversion of the judgment and to argue for enforcement, together with information on the court rules, practices, and law applied in the underlying U.S. adjudication.

Countries that require the legalization of documentation, otherwise known as “authentication,” can be divided into two groups: those that are parties to the Hague Convention on Legalization for Foreign Public Documents (which will accept the simplified apostille process of authentication of documents) and those that require more traditional and lengthy procedures.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Documentation for Enforcement
  • 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/CBO9780511511356.012
Available formats
×

Save book to Dropbox

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 Dropbox.

  • Documentation for Enforcement
  • 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/CBO9780511511356.012
Available formats
×

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.

  • Documentation for Enforcement
  • 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/CBO9780511511356.012
Available formats
×