Letters Blogatory

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

Posts tagged “Full Faith and Credit

Massachusetts Adopts the Uniform Enforcement of Foreign Judgments Act

Posted on August 19, 2019

Massachusetts has taken a significant step towards modernizing its law of judgment recognition by adopting the Uniform Enforcement of Foreign Judgments Act. The UEFJA is the uniform law that governs the recognition of sister-state judgments, not foreign country judgments. Until this year, Massachusetts was one of a very few states that still required judgment creditors to bring an action on a judgment in order to enforce the judgment in Massachusetts, even when the judgment was entitled to full faith and credit. Under the new statute, sister-state judgments can simply be registered, and after registration, they are treated just as domestic judgments (with all the usual procedures for seeking to set aside judgments or to stay judgments pending appeal).

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Case of the Day: AlbaniaBEG Ambient v. Enel

Posted on February 26, 2018

The case of the day is AlbaniaBEG Ambient Sh.p.k. v. Enel S.p.A. (N.Y. App. Div. 2018). I wrote about a related procedural decision in March 2016. AlbaniaBEG was the Albanian subsidiary of Becchetti Energy Group S.p.A., an Italian firm. The defendants, Enel S.p.A. and Enelpower S.p.A., are also Italian companies; Enel is Italy’s largest power company. Becchetti made a contract with Enelpower for the possible construction of a hydroelectric plant in Albania. The agreement had an Italian choice-of-law clause, and it required arbitration of disputes in Rome. Enelpower withdrew from the project, and BEG demanded arbitration. The tribunal’s award dismissed BEG’s claims against Enelpower. BEG sought to nullify the award in the Italian courts, but the courts rejected its claim.

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