Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts by Chris Whytock

A Response to Professor Brand

Posted on May 31, 2012

Thanks again to Ted Folkman for hosting this discussion, from which I’ve learned a lot. There is much to discuss, and everyone has raised important points. However, I’ve found Professor Brand’s post particularly thought provoking as I continue to grapple with these issues—especially his comments regarding the case-specific defenses against enforcement contained in the 2005 Uniform Foreign-Country Money Judgments Recognition Act (the “UFCMJRA”) and the American Law Institute’s proposed federal statute on recognition and enforcement of foreign judgments (the “ALI Statute”). Rather than advocating a particular position, I make these comments more in the spirit of seeking a better understanding of the theory behind these case-specific exceptions—not only in the post-FNC dismissal context, but in general. Professor Brand’s response to Ted Folkman’s comments touch…

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Forum Non Conveniens and the Enforcement of Foreign Judgments

Posted on May 30, 2012

Christopher A. Whytock is Assistant Professor of Law and Acting Professor of Political Science at the University of California, Irvine. The proper relationship between the forum non conveniens (“FNC”) doctrine and the enforcement of foreign judgments is debatable—but it seems quite clear that the status quo isn’t optimal. The Problem Here’s the problem. Based on the widespread belief that the US legal system is more favorable to plaintiffs than other countries’ legal systems, defendants file FNC motions to dismiss transnational suits filed against them in the United States in favor of foreign judicial systems. When they do so, they argue—as the FNC doctrine requires—that their preferred foreign judiciary is an adequate alternative forum. Sometimes, however, defendants experience what legal journalist Michael Goldhaber has called…

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