How do different jurisdictions view the enforcement of foreign judgments?
Enforcement of foreign (or international) judgments is an important part of international litigation law. A foreign judgment is a judicial decision made by a court in one country (the foreign jurisdiction) that will be enforced by a court in a separate country (the enforcing jurisdiction). Different jurisdictions have different rules regarding the enforcement of foreign judgments, making them important to consider when engaging in international litigation. In the United States, foreign judgments are generally enforceable in the states so long as the judgment does not conflict with the public policy of the state. Generally, the foreign judgment must be based on a legal proceeding that ensures due process of law, and courts may examine the proceedings to determine if the judgment was valid. As with domestic judgments, the enforcement of a foreign judgment requires it to be registered, or "domesticated," in the enforcing jurisdiction. In many other countries, the enforcement of foreign judgments is governed by the principle of reciprocity. This means that judgments from one foreign jurisdiction are more likely to be enforced in the other jurisdiction if there is an agreement in place between the two states. In the absence of such an agreement, the recognition and enforcement of the foreign judgment may be denied. Overall, the enforcement of foreign judgments is an important consideration when litigating on an international level. Different jurisdictions have different rules in place when enforcing a foreign judgment, and parties must consider the implications of each jurisdiction in order to ensure that their judgments are valid and enforceable.
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