Enforcement of Foreign Arbitral Awards and Judgments in New York
Enforcement of Foreign Arbitral Awards and Judgments in New York

Author: Andreas A. Frischknecht

Publisher: Kluwer Law International B.V.

Published: 2016-04-24

Total Pages: 434

ISBN-13: 9041186352

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Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.

Judgment Enforcement
Judgment Enforcement

Author: James Joseph Brown

Publisher: Aspen Publishers

Published: 1999

Total Pages: 1218

ISBN-13: 9780735504530

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Winning a judgment is only the first step in obtaining your damages - Judgment Enforcement is the next and equally critical step. This essential one-volume work presents a concise treatment of judgment enforcement practice from discovery to execution. You'll discover how to find, freeze, and collect hidden assets; how to obtain information on the assets available; plus how to prepare and file enforcement-related pleadings and documents. Judgement Enforcement, Second Edition includes a detailed discussion of the federal judgment enforcement provisions and strategies for international execution, As well as tips and strategies for effectively executing all judgments.

Enforcement of Judgments and Liens in Virginia
Enforcement of Judgments and Liens in Virginia

Author: Doug Rendleman

Publisher: LexisNexis

Published: 1994-01-01

Total Pages: 536

ISBN-13: 1558341587

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With the increasing emphasis on consumers' rights & developments in federal debtor-creditor law, Enforcement of Judgments & Liens in Virginia helps the practicing lawyer solve frequently-occurring collection problems.

Remedies Concerning Enforcement of Foreign Judgements
Remedies Concerning Enforcement of Foreign Judgements

Author: Vesna Rijavec

Publisher: Kluwer Law International B.V.

Published: 2018-09-14

Total Pages: 387

ISBN-13: 9041194177

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Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following: – grounds for refusal of recognition and enforcement; – certi?cation of enforceability and timely service of the certi?cate; – adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; – effect of requesting a translation of the judgment; – ?nancial implications of remedies; and – provisional measures and their role in a timely protection of rights. Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.

Foreign Judgments in Israel
Foreign Judgments in Israel

Author: Haggai Carmon

Publisher: Springer Science & Business Media

Published: 2012-12-11

Total Pages: 256

ISBN-13: 3642320031

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A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. -Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Law Market
The Law Market

Author: Erin A. O'Hara

Publisher: Oxford University Press

Published: 2009-02-09

Total Pages: 289

ISBN-13: 0199718482

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Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.