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Enforcement of foreign judgments requires careful consideration from "summary" of Modern Law of International Trade by Ajendra Srivastava
When it comes to enforcing foreign judgments, it is crucial to approach the matter with caution and thoroughness. This process involves navigating through various legal systems, each with its own set of rules and procedures. As such, careful consideration must be given to the jurisdiction in which the judgment was obtained, as well as the laws governing enforcement in that particular jurisdiction. One of the key factors to consider when enforcing foreign judgments is whether the judgment is final and conclusive. In order for a judgment to be enforceable, it must be a final decision that is not subject to appeal or review in the foreign jurisdiction. This ensures that the judgment is binding and can be recognized and enforced in other jurisdictions. Another important consideration is whether the judgment is consistent with the public policy of the enforcing jurisdiction. While international comity generally dictates that foreign judgments should be recognized and enforced, there are limits to this principle. If enforcing a foreign judgment would violate the public policy of the enforcing jurisdiction, then enforcement may be refused. Additionally, the process of enforcing foreign judgments often involves complex legal proceedings that require expertise in international law. It is essential to work with legal professionals who are knowledgeable in this area and can navigate the intricacies of cross-border enforcement. This may involve filing the necessary paperwork, attending court hearings, and complying with any additional requirements imposed by the enforcing jurisdiction.- Enforcing foreign judgments is a complex and nuanced process that requires careful consideration and expert guidance. By understanding the legal framework governing enforcement, ensuring the finality of the judgment, and adhering to the public policy of the enforcing jurisdiction, parties can increase their chances of successfully enforcing foreign judgments. Ultimately, a strategic and well-informed approach is essential in navigating the challenges of enforcing foreign judgments in international trade.
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