Comments on: The Judgments Convention: Let’s Do This!

By: The Judgments Convention Is Here | Letters Blogatory

The Judgments Convention Is Here | Letters Blogatory — Wed, 17 Jul 2019 10:01:45 +0000

[…] declaration. This is a potential answer to the problem of crappy courts I discussed in my last post on the Convention. The form of “bilateralization” the delegates adopted is “opt-out,” and can […]

By: Ted Folkman

Ted Folkman — Wed, 03 Jul 2019 19:21:29 +0000

In reply to Alexander Blumrosen. That is one of the known unknowns, Alex. My own view is that a compromise is possible—perhaps COCA could be implemented in a federal statute analogous to the FAA and the Judgments Convention implemented in state law. But I know some people who think the Judgments Convention should be implemented in federal law and COCA in state law! In short, I don't know that anyone knows the answer to your very pertinent question.

By: Alexander Blumrosen

Alexander Blumrosen — Wed, 03 Jul 2019 17:09:26 +0000

I agree with you that public policy will save US litigants from the crappy court problem. What will ratification in the US look like? Will NCUSSL want States to implement state law equivalents, updating their Uniform Laws? Or do we get a Federal Law, like the Arbitration Act (which did not prevent a bunch of States from enacting their own international arbitration statutes, to the confusion of many litigants)? Do you know if ACPIL or “L” have made any recommendations ?

By: Ted Folkman

Ted Folkman — Tue, 18 Jun 2019 14:52:00 +0000

In reply to JMS. The issue you raise is up for consideration at the Diplomatic Session. It is discussed in Preliminary Document No. 3. The best view is that the Convention does not require recognition and enforcement of, say, orders requiring payment of fines to compel compliance with an injunction, but the delegates may choose to make that clearer by inserting additional language. By the way: I have kept your comment available, but it uses a fake email address and I require commenters to use real email addresses, even if they use pseudonyms. In the future, please use your real email address, which I will not publish or make any use of (other than to make sure that commenters are not commenting using more than one pseudonym). Thanks!

By: JMS

JMS — Mon, 17 Jun 2019 12:19:23 +0000

Does the Convention apply to injunctive judgments or only to money judgments? There might be some more serious concerns (not all of which would fit neatly into the “public policy” non-recognition ground) if U.S. courts were required to honor foreign injunctions.