Enforcement of Foreign Judgments in New York Courts: Collecting debts based on foreign judgments in New York

Enforcement of a foreign judgment in a New York court should first proceed based on the type of foreign judgment and how you obtained the foreign judgment. The procedure requires an understanding of not only New York Law, but international law and treatises.  The procedure should be performed by a New York attorney without experience in this area of law. If you are interested in enforcing a New York Judgment in a foreign court please see: Enforcement of New York Judgments Abroad.  If you are interested in enforcing a New York judgment in Korea please see our sister blog at: Enforcing of Foreign Judgments in Korea. Recognition of judgments of foreign courts is not automatic in New York, a procedure in place must be followed prior to recognition of a foreign judgment in a New York court. The foreign judgment must first be authenticated in accordance with an Act of

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Enforcing Foreign Judgments in New York: Personal Jurisdiction Necessary?

The New York State Court, in a case of first impression held that in personam jurisdiction is not necessary to recognize and enforce judgments in New York from a foreign court.  The case that decided the matter is Abu Dhabi Commercial Bank PJSC v. Saad Trading, Contracting & Fin. Services Co., 36 Misc. 3d 389, 948 N.Y.S.2d 533 (Sup. Ct. 2012). The case is a case of first impression in New York and is a pivotal case that will, likely, lead to more cases like this case being heard in New York courts. The court, in this New York case, granted summary judgment in favor of the Abu Dhabi Bank and, thus, recognized the U.K. judgment. The facts of the case are typical in international judgment enforcement matters. The Abu Dhabi Bank is a company established in the United Arab Emirates. Saad Trading is a Saudi Arabian limited partnership. The

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Enforcing a New York Judgment Abroad: Service under the Hague Service Convention

We are presently working on a case where a New York law firm obtained a judgement against a Korean debtor in a New York court and the attorney in New York failed to serve the defendant under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (“Hague Service Convention”).  This New York lawyer, wrongfully, believed that all that was needed to be complied with is service under the requirements of New York law.  The attorney was mistaken. If you are interested in enforcing a New York judgment in Korea please see our sister blog at: Enforcing of Foreign Judgments in Korea. If you are interested in enforcing a foreign judgment in New York please see: Enforcement of a Foreign Judgment in New York. Too many local New York attorneys think in this fashion, because of the lack of experience in international law.  This sad

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