Enforcement of Foreign Judgments - Exercise of Jurisdiction in Recognition Cases - Exceptions

Exceptions

A state may not enforce a foreign-country judgment in the following cases:

  • The judgment was not rendered by an impartial tribunals under procedures compatible with the requirements of due process of law;
  • The foreign court did not have personal jurisdiction over the defendant;
  • The foreign court did not have jurisdiction over the subject matter;
  • The defendant did not receive notice of the proceedings in sufficient time to enable him to defend;
  • The judgment was obtained by fraud;
  • The judgment is repugnant to the public policy of the state where enforcement is sought;
  • The judgment conflicts with another final and conclusive judgment;
  • The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute was to be settled;
  • In the case of jurisdiction based only on personal service, the foreign court was an inconvenient forum for the trial; or
  • The judgment seeks to enforce the revenue and taxation laws of a foreign jurisdiction.

Read more about this topic:  Enforcement Of Foreign Judgments, Exercise of Jurisdiction in Recognition Cases

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