Copyright (c) 1997 United States-Mexico Law Journal
United States-Mexico Law Journal
ARTICLE: SOME POST-LITIGATION ISSUES: ENFORCEMENT OF A FOREIGN JUDGMENT WHICH INCLUDES COMPENSATORY, MORAL AND/OR PUNITIVE DAMAGES; ENFORCEMENT OF INJUNCTIVE RELIEF AND SPECIFIC PER FORMANCE: ENFORCEMENT OF COSTS, INTEREST, AND ATTORNEYS' FEES, DETERMINATION OF THE PROPER CURRENCY IN AN ENFORCEMENT PROCEEDING.
PANEL DISCUSSION PART TWO PANEL MEMBERS
5 U.S.-Mex. L.J. 183
MICHAEL W. GORDON, MODERATOR; MATTHEW H. ADLER, * CHRISTOPHER P. BAUMAN, ** DAVID EPSTEIN, *** CESAR GARCIA MENDEZ, **** MARIO E. OCCHIALINO *****
Michael W. Gordon: We will now look at enforcement of foreign judgments, as well as enforcement of some specific kinds of relief such as punitive damages, or, as the Civil Law countries call them, moral damages. We will also look at the differences of such damages and other forms of relief including injunctive relief and specific performance.
There are some twenty-six states of the United States that have adopted the Uniform Foreign Money-Judgments Recognition Act. 1 I think we are going to see a quantum leap from state law to an international convention, rather than from state law to a federal law and then to an international convention. Obviously, an International Convention on Enforcement of Foreign Judgments would, upon ratification, become federal law.
Rogers Gallery has received a judgment against Sanchez de Vega in a Texas court while Sanchez de Vega has received a judgment in a Monterrey court. Will courts of the other country enforce not only the judgment, but each one of the elements of the judgment? What is the applicable law regarding enforcement of foreign judgments in each nation? The English agreed to the European Judgements Convention 2 that is both a jurisdiction convention and an enforcement convention. I find those two areas so inextricably linked that one of the major sections of the enforcement of judgment statutes is the interpretation of what personal jurisdiction means.
Matthew A. Adler: In this area the problems begin with jurisdiction and often end there. ...
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