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10 The Place of the Convention in Current Practice in the United States

From: The 2019 Hague Judgments Convention

Ronald A. Brand, Michael S. Coffee, Paul Herrup

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Subject(s):
Enforcement of foreign judgments — Recognition and enforcement of foreign judgments

This chapter looks into the current practice in the United States. Courts in the United States have been receptive to the recognition and enforcement of foreign judgments for over a century. The basis for and contours of the practice has evolved since the US Supreme Court decided the case of Hilton v Guyot in 1895. However, litigants in the United States have not had a reliable expectation that the judgments they obtain in a court in the United States will be recognized or enforced by a foreign court. The chapter cites that the US government needs to decide how to properly implement the Convention domestically. It discusses the external issues of implementation, citing the implementation process that might be sought in a foreign court.

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