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Enforcement of Money Judgments

Enforcement of Money Judgments

作者： Lawrence W. Newman
出版商： Juris Publishing_
ISBN: 9781929446735
出版时间 March 2021
规格： Loose-leaf (3 volumes) , 2906 pages
适应领域： U.S. ? 免责申明：
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Protect your clients' current and future interests in more than 95 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 85 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
VOLUME 1

Table of Contents

Introduction

Questionnaire

Argentina
By Alfredo L. Rovira, Pablo A. Grillo Ciocchini and Mariana A. Miglino

Armenia
By Edith Khachatourian

Australia
By Clint Hinchen and Tanya Thomas

Austria
By Eugen Salpius

Azerbaijan
By Mikayil Jabbarov and Scott Horton

Bangladesh
By A.B.M. Badrud Doulah & A.B.M. Shamsud Doulah

Barbados
By Clark & Co.

Belarus
By Ekaterina Zabello, Mikalai Markounik and Yaroslav Myakotkin

Belgium
By Peter Callens

Belize
By Tania M. Moody

Bermuda
By Narinder Hargun and Alex Potts

Bolivia
By Pablo Rojas

Bosnia and Herzegovina
By Branko Marić

Brazil
By Jose Orlando A. Arrochela Lobo and Ana Paula Hubinger Araujo

Brunei Darussalam
By Datin Paduka Hayati binte POKSDSP Haji Mohd. Salleh and Dr. Colin Y.C. Ong

Bulgaria
By Tzvetelina Dimitrova-Uzunova

Cambodia
by Naryth H. Hem and Sovearcha Yangny

Canada
By Igor Ellyn, QC , Evelyn Perez Youssoufian, Jean-Pierre Sheppard, Jennifer Hansen and Jonathan Feingold

Chile
By Alessandri & Compañia

China (People’s Republic of)
by Eugene Chen

China-Hong Kong Special Administrative Region
By Alan Linning and Carman Yung

Colombia
By Andrew Abela-Maldonado

Costa Rica
By Roy de J. Herrera

Croatia (Republic of)
By Vladimir Mamic and Martina Mladina Kavuric

Cyprus
By Xenios L. Xenopoulos

Czech Republic
By Arthur Braun and Hedvika Hartmanová

Denmark
By Carsten Brink

Democratic Republic of Congo
By Armand K. Ciamala

Ecuador
By Jose Rumazo-Arcos and Dr. Diego Palacios

Egypt
By Mohammed Hassouna

Estonia
By Ene Soop and Carry Plaks

Fiji
By Nicholas Barnes

Finland
By Petteri Uoti and Markus Mattila

France
By Stephan Adell

Germany
By Dr. Wulf Merkel and Dr. Jens Lösekrug

Ghana
By Larry Otoo

Greece
By Vassilios - Thomas G. Karantounias and Panagiotis N. Kakaletris

Guatemala
By Luis Beltranena Valladares and Francisco Chávez Bosque

VOLUME 2

Republic of Hungary
By Dr. Marc-Tell Madl, Dr. Katalin Lehner, Dr. Éva Kovács LL.M, Dr. Tibor Szabó and Martin L. Wodraschk

Iceland
By Othar Orn Petersen and Heidar Asberg Atlason

India
By Dhirajkumar Kishorkumar Totala, Rozmin Lakhani and Neha Samant

Indonesia
By Hamud M. Balfas and Ali Budiardjo Nugroho Reksodiputro

Ireland
By Klaus Reichert and Duncan S.J. Grehan

Israel
By Joseph Benkel, Ofer Larisch and Shiri Bar

Italy
By Alberto Santa Maria, Claudio Biscaretti di Ruffila and Davide Pozzoli

Jamaica
By Donovan C. Walker and Roxanne A. Miller

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 Peter Le Pelley

Korea
By Kim & Chang

Kuwait
By Reema Ali

Kyrgyzstan
By Aizhan Albanova

Latvia
By Ziedonis Udris

Lebanon (Republic of)
By Jihan R. Khattar

Liechtenstein
By Christoph Bruckschweiger

Lithuania
By Jurate Kugyte

Malaysia
By Dato’ Syed Ahmad Idid and Dr. 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

Mongolia
by David C. Buxbaum

Myanmar (Burma)
By Thida Aye and James Finch

The Netherlands
By Antonius I.M. van Mierlo and Bo Ra D. Hoebeke

New Zealand
By Adrian Olney and Isabella Clarke

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 and and Kingsford Wamp

Paraguay
By Nestor Loizaga and Beatriz Pisano

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. Singzo

Poland
By Piotr Nowaczyk and Wojciech M. Jaworski

Portugal
By Susana SantosValente and Inês Gomes da Cruz

Qatar
By Ahmad Anani

VOLUME 3

Romania
By Mark A. Meyer, Esq. and Cristina Ghiberdic, Esq.

Russian Federation
By Roman Zaitsev

Saudi Arabia (Kingdom of)
By David M. Wells

Serbia and Montenegro
By Dr. Dubravka Kosic

Singapore
By Elizabeth Wong and Desmond Ho Jong Jan

Slovak Republic
By JUDr. Ernest Valko

Slovenia
By Živa Južnič and Mia Kala&scaron;

South Africa
By Roger Wakefield

Spain
By Antonio Fernández and Juan Verdugo

Sri Lanka
By F. J. & G. De Saram

St. Lucia
By Nicholas John & Co.

Sweden
By Einar Wanhainen and Mikael Björkman

Switzerland
By Bernard Dorsaz

Syria
By Jacques El-Hakim

Taiwan
By Marcus Clinch and Eve Chen

Tanzania
By Wilbert B. Kapinga

Thailand
By Worachai Bhicharnchitr

Trinidad and Tobago
By Christopher Hamel-Smith and Stuart R. Young

Tunisia
By Adly Bellagha

Turkey
By Serap Zuvin

Ukraine
By Dr. Tatyana Slipachuk and Pavlo Byelousov

United Arab Emirates
By Yanal A. Kilani and Rasha W. Haloub

United Kingdom (England & Wales)
By Christopher I. Millar

United States
By Michael L. Morkin and Ethan A. Berghoff

Uruguay
By Roberto Gimenez Sorhouet and Mercedes Jimenea De Arechaga

Venezuela
By Eugenia Hernandez-Breton

Vietnam
By Tran Thi Thanh Ha

Zaire
By Michael Sheehan

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
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.
Praise for Enforcement of Money Judgments

"... 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

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