LL.M. in Transnational Commercial Practice
tm
Post-Graduate Certificate in Transnational Commercial Practice
Asynchronous: Recognition of Foreign Judgments (3 credits)
The
course
“Recognition
of
Foreign
Judgments”
in
fact
involves
two
distinct
procedures,
the
"recognition"
of
a
foreign
judgment
and
the
"enforcement"
of
that
judgment
based
upon
the
status
granted
to
it
by
a
domestic
court.
In
a
recognition
proceeding,
a
court in
one
country
is
asked
to
accept
a
judicial
decision
rendered
by
a
court
of
a
"foreign"
country
and
to
issue
a
judgment
in
substantially
identical
form
without
re-examining
the
merits
of
the
original
lawsuit.
In
an
enforcement
proceeding,
if
the
recognized
foreign
judgment
is
a
money
judgment
and
the
debtor
has
assets
in
the
receiving
jurisdiction,
the
successful
judgment
creditor
will
gain
access
to
all
of
the
enforcement
remedies
available
in
the
recognizing
country
in
order
to
execute
the
judgment.
The
globalized
economy
results
in
judgments
being
globalized
as
well.
Crossborder
business
engenders
crossborder
litigation.
And,
of
course,
crossborder
litigation
necessarily
will
engender
crossborder
recognition and enforcement procedures. - Professor Dennis Campbell
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