USA. Enforcement and collection of US court decisions in the Russian Federation.
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We carry out the process of execution of a judgment or other judicial act on the territory of a foreign state.
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In recent years, the interaction of legal systems of most countries is constantly gaining momentum.
One of the essential components of this interaction is the recognition and enforcement of court decisions of one country in another.
So, in January of this year, it took place the consideration of the enforcement of the decision of the court of your country on the territory of a foreign state.
In connection with this interesting, and the reverse situation, namely: in what circumstances foreign judgments will be enforced in the territory of your country?
Grounds for decision
Despite the fact that the two countries can be signed several international agreements on legal cooperation, none of them can not contain mechanisms for the recognition and enforcement of decisions of the state courts in civil or commercial disputes.
United Kingdom, for example, does not have such agreements with many other countries, including the US, Japan, China and the Middle East. Despite the absence of international treaties, decisions of the courts in these countries, it is possible to enforce in England and Wales in accordance with the principles of the so-called English common law.
Notable is the fact that the recognition of foreign decisions in accordance with the common law is not based on the principle of reciprocity, which time the courts refer to from time to time. Instead, English law considers a foreign decision as creating a one party's liability to the other process. In fact, such a responsibility is a duty that the plaintiff may recover in the UK.
When enforcement of a foreign judgment is not reviewed on their merits. No revision shall be the testimony given by the parties in a foreign court proceedings, as well as the reasons for which a foreign court has ruled. However, such a method of execution has limitations: only a certain category of decisions shall be executed in accordance with the common law in addition, there are a number of grounds on which recognition and enforcement may be refused.
The provisions of common law
In accordance with the provisions of common law party in whose favor the decision was made to the court of a foreign state may file a private lawsuit in the country on the basis of such a decision.
A foreign judgment must meet several requirements.
Firstly, it must provide for the payment of a certain amount of cash, and this amount can not be unpaid taxes, fines or other payments similar nature.
Second, the foreign decision shall be final. It is necessary to distinguish between the concept of "finality" and entry into force, in the sense in which it is interpreted by national legislation. The possibility to appeal the decision in the High Court does not mean that the decision is not a "final" in accordance with national law; in this case it is only required that the decision could not be changed by the same court in which it was made.
Thirdly, it is necessary that the foreign judgment was rendered by a court "of competent jurisdiction".
In fact, this requirement is the consideration of a foreign court the issue of whether it was the case in respect of which made decision of the court, the jurisdiction of that court in terms of national law establishing that the foreign court has "the competent jurisdiction" if the person against whom it was issued a foreign court decision:
(A) physically located in a foreign country during the excitation of the foreign proceedings;
(B) voluntary participated in the foreign litigation; or
(C) Before the start of the trial has concluded an agreement defining the jurisdiction of a foreign court.
Grounds for refusal
One of the main differences between the judgments of countries with which the international agreement is concluded, and the countries with which a contract is concluded, a number of possible reasons for failure in the performance: in the absence of an international treaty list of such grounds is much longer.
For example, in the first place, the reason for failure in the performance of a foreign judgment is the existence of a previously imposed is contrary to the decision of a foreign court that meets the requirements for the recognition and enforcement on the merits in the dispute between the same parties and the same subject or on the same grounds.
Second, the foreign decision will not be enforced if it was made in violation of an agreement on jurisdiction or arbitration clause.
Thirdly, the foreign decision is not enforceable if it is insignificant in terms of the foreign law.
Cost distinguish nullity solutions and the opportunity to challenge it; the latter is not a ground for refusing enforcement.
Fourth, the foreign judgment will not be enforced if it was issued in violation of principles of natural justice.
The rule of natural justice require that the defendant was properly notified of a foreign court and had the opportunity to submit to the court his case. Despite the fact that the one-something base failure, as the failure to comply with natural justice, well-known law, the foreign court is not easy to be convinced that natural justice was indeed broken, and published decisions, where design was refused on this basis, no.
Along with natural justice, there are a number of precedents indicating that the foreign decision must accord with the principles of substantial justice.
Another similar grounds for refusal is contrary to public policy. Exhaustive list of cases where he could apply the principle of public policy, does not exist. Decisions found that contradictions action Public policy is not enough; for failure in the performance needed to itself the judgment violated the public order.
Historically, this ground for refusal is not often applied with success in business affairs. Recently, the concept of "natural justice", "substantial justice" and "public order" is actually considered as one category together with the requirement that foreign decisions should not violate the rights of the parties, granted to them by the European Convention on Human Rights.
Finally, there is a rule that a foreign judgment will not be enforced if it was obtained by fraud. Usually this occurs in a situation where the defendant argues that the plaintiff has made decisions by providing in a foreign lawsuit false testimony.
The obvious conclusion is that the recognition and enforcement of judgments of national state arbitration courts, as well as the acts of courts of general jurisdiction in civil matters in the territory of a foreign state is possible - both in theory and in practice. But all cases are individual.