Document Type

Article

Publication Date

11-2020

Journal Title

Hastings Law Journal

ISSN

0017-8322

Abstract

The United States has attempted for years to create a more efficient enforcement regime for foreign-country judgments, both by treaty and statute. Long negotiations succeeded in July 2019, when the Hague Conference on Private International Law (with U.S. participants, including the Uniform Law Commission) promulgated the new Hague Judgments Convention which harmonizes judgment recognition standards but leaves the domestication process to the enforcing jurisdiction. In August 2019, the Uniform Law Commission took a significant step to fill that gap, though limited to Canadian judgments. The Uniform Registration of Canadian Money Judgments Act provides a registration process similar to that for sister-state judgments in the United States. The new Act aligns with Canada’s Uniform Enforcement of Foreign Judgments Act, retaining due process safeguards while facilitating acceptance of appropriate judgments. In most cases, this will avoid the need for further litigation and lead to more efficient enforcement in adopting jurisdictions. This Article outlines the new Act and then tackles difficult questions that remain subject to local law.

First Page

99

Last Page

168

Num Pages

70

Volume Number

72

Issue Number

1

Publisher

University of California Hastings College of Law

FIle Type

PDF

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