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Monograph Series · Third series › Part VII Combining remedies and the gaps that remain › III-48 · First edition

The Domestic Effect of External Decisions: Foreign Judgments and Arbitral Awards

Can a victory won in another adjudicative system be realized against domestic assets?

Part
Part VII Combining remedies and the gaps that remain
Sections
6 sections
Length
about 29,800 words · 2 h 10 min
As of
2026-10-15
Volume contents
  1. Abstract
  2. Synthetic case
  3. 01Conditions for Recognition of Foreign Judgments
  4. 02Opportunity to Defend and Public Policy
  5. 03From Recognition to Compulsory Execution
  6. 04The Limits of Damages Judgments
  7. 05The Path for Domestic Arbitral Awards
  8. 06The Crossroads for Foreign Arbitral Awards

Abstract

This volume asks whether a victory won in another adjudicative system can be realized against domestic assets. Recognition of a foreign judgment and an enforcement judgment, on the one hand, and recognition of an arbitral award and an enforcement decision, on the other, are different paths. Cross-border relief works only when re-adjudication of the merits is distinguished from review of the requirements for domestic effect. The path to relief opens where the applicable framework, the conditions for recognition, and domestic enforcement authorization for the foreign judgment or arbitral award are all in place, and closes where domestic enforcement authorization cannot be obtained because an essential requirement for recognition of the foreign judgment is absent or a statutory ground for refusing recognition of the arbitral award in question is established. The six sections address, in turn, the conditions for recognition of foreign judgments, opportunity to defend and public policy, the move from recognition to compulsory execution, the limits of damages judgments, the path for domestic arbitral awards, and the crossroads for foreign arbitral awards. The strongest counterargument is as follows. Deference to external decisions may leave the domestic party's right of defense and public policy insufficiently protected. Initial jurisdiction and choice of governing law in international cases, as well as international negotiation, are not addressed in this volume.

Synthetic case

The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.

Creditor A seeks to execute against Debtor B's domestic assets on the basis of a foreign judicial document.

6 sections and their questions

  1. 01Conditions for Recognition of Foreign Judgments

    Does a victory won abroad take effect domestically just as it stands?

    21 min
  2. 02Opportunity to Defend and Public Policy

    How are defects in service and the content of the judgment treated in recognition?

    22 min
  3. 03From Recognition to Compulsory Execution

    If the requirements for recognition are satisfied, is an enforcement judgment unnecessary?

    23 min
  4. 04The Limits of Damages Judgments

    Is recognition always refused when a foreign damages award is large?

    20 min
  5. 05The Path for Domestic Arbitral Awards

    Are arbitral awards enforced in the same manner as court judgments?

    22 min
  6. 06The Crossroads for Foreign Arbitral Awards

    What recognition rules apply to foreign arbitral awards?

    22 min
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