Domestication of Foreign Judgments
Pursuant to the “full faith and credit clause” of the U.S. Constitution, foreign judgments issued by another State or another country, are recognized in New York.
However, the procedure for domestication of the foreign judgment will be different depending on the way the judgment was obtained. If the defendant appeared and lost the case, then the foreign judgment thus obtained will be automatically domesticated. However, if the plaintiff obtained a default judgment, then the New York courts will check whether defendant had been properly served and if the foreign court had jurisdiction over the matter.
Boyer Law Firm offers its clients assistance with foreign collections issues by working with our network of local attorneys.
For international, corporate and individual clients, we have extensive experience domesticating foreign judgments in the United States, bringing lawsuits to collect amounts owed for unpaid goods and services, and otherwise enforcing our clients’ rights under the Uniform Commercial Code (UCC), the Convention on the International Sale of Goods (CISG), and the multiple other laws which may apply.
Boyer Law Firm knows how difficult it can be to receive a favorable arbitration award. We also understand that having such an award enforced can be a troublesome process. There are a number of Conventions, Acts and Treaties that may apply to the enforcement of such awards.
Foreign Arbitration Awards
In the U.S. alone, when attempting to have a foreign arbitration award enforced, the Panama Convention, the New York Convention, and U.S. domestic law under the Federal Arbitration Act may all apply. In most instances, the Conventions are controlling, however, in some cases they may conflict with one another.
It can be just as tricky enforcing a U.S. Arbitral Award in another country. The same or different Conventions, Acts and Treaties may apply.
Boyer Law Firm has knowledge and experience in fighting to have arbitration awards enforced in the U.S. and abroad. We will be happy to assist you in this process.