The Law on Recognition and Enforcement of Foreign Judgments: Is It Broken and How Do We Fix It?

Abstract

Transnational practitioners and litigants are bound to encounter at least one case that will require the recognition and enforcement of either a U.S. court judgment1 abroad, or a foreign court judgment in the United States.2 Upon encountering this situation, these parties may be interested to learn that while the United States has been a signatory of the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards3 (“New York Convention”) since 1970, it is not currently party to any international treaty for