Since the 1800s, federal and state courts in the United States have recognized and enforced foreign judgments, both in furtherance of the principle of comity and as a result of domestic law. Unfortunately, not all countries have applied a similar approach. Therefore, holders of foreign judgments have benefited while holders of U.S. judgments have not necessarily experienced a similar outcome. On July 2, 2019, the Hague Conference on Private International Law adopted the Hague Convention the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters. Once in force, this Convention will require courts to recognize and enforce foreign judgments that fall within the scope of the Convention absent the application of an enumerated exception to this obligation.
The panel will identify some of the benefits of the new Convention and will discuss how its implementation might differ from current law in the United States.
- Michael S. Coffee, Esquire, U.S. Department of State, Head of Delegation for USA (during the Special Commissions and Diplomatic Session for the Judgments Convention)
- Ronald Brand, Esquire, University of Pittsburgh Law School, Member of USA Delegation and drafting committee for the Judgments Convention