Letters Blogatory

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

Posts tagged “Recognition and Enforcement

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).

+Read more

Lago Agrio: Dutch Supreme Court Affirms Decision In BIT Arbitration

Posted on April 17, 2019

The Hoge Raad (the Dutch Supreme Court) has affirmed a lower court’s decision refusing to annul the interim awards in favor of Chevron in its investment treaty arbitration against Ecuador arising out of the Lago Agrio case. I covered one of the interim awards in February 2012, if you can believe that, as well as the first instance judgment on the request for annulment in January 2016 and the decision of the Court of Appeals of the Hague in July 2017.

+Read more

Case of the Day: Barer v. Knight Brothers

Posted on March 4, 2019

The case of the day is Barer v. Knight Brothers LLC, 2019 SCC 13. Knight Brothers, a Utah company, sued David Barer, who resided in Quebec, and two companies, CBC and BEC, that Barer allegedly controlled. The claim was that BEC had breached a contract with Knight and that Barer was liable for fraudulent misrepresentation and on a veil-piercing claim. Knight brought the case in the Utah state courts. Barer moved to dismiss, arguing that the claim should be dismissed for failure to state a claim and that the Utah court lacked personal jurisdiction over him. The Utah court denied the motion, and Knight then obtained a default judgment. Knight sought recognition and enforcement in Quebec. The Superior Court granted the motion on the…

+Read more