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 Apply