Letters Blogatory

The Blog of International Judicial Assistance
By Ted Folkman

Tag: Recognition and Enforcement

  • Response to Professors Whytock and Brand

    Chris does a good job of detailing the tension between the traditional approach of the Ashenden analysis and the new approach of the UFCMJRA, which I referenced in my post. In particular I think he correctly describes how the new case-specific UFCMJRA grounds essentially turn the enforcing court into an appellate court on due process……

  • The Global Context for Forum Non Conveniens and for Case-Specific Exceptions to Recognition of Foreign Judgments

    Professor Whytock’s comment today correctly notes in its next-to-last paragraph that “the ship of case-specific exceptions has set sail.” This statement is in response to my comments on the 2005 Uniform Foreign-Country Money Judgments Recognition Act and the 2005 ALI Proposed Federal Statute. It is important to take account not just of the national context……

  • A Response to Professor Brand

    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……

  • Procedural Uncoupling

    Professor Brand notes that in evaluating the transnational litigation doctrines, “one must ask if these doctrines are the real problem.” He suggests that “in the Lago Agrio case, the real problem is something much different, and perhaps more fundamental, than an imbalance in rules of private international law.” It’s certainly true that there are deeper……

  • BREAKING: Lago Agrio Plaintiffs Seek Recognition and Enforcement in Canada

    I have breaking news to report in the Lago Agrio case. The plaintiffs have brought an action for recognition and enforcement of the judgment in the Superior Court of Justice in Ontario. It looks like Alan Lenczner of Lenczner Slaght will be representing the plaintiffs. I will have more details as they become available, and……