Guide · Dispute Resolution

Cross-Border Disputes: A Comprehensive Guide to Service, Evidence, and Enforcing Foreign Judgments and Awards

28 U.S.C. § 1608

Type
Guide
Jurisdiction
National
Date
2024-10-21
Topic
Dispute Resolution

This guide covers cross-border civil disputes from the drafting of a dispute resolution clause through collection on a foreign award. It explains service abroad under the treaty framework and the two Supreme Court decisions that determine when the treaty applies and whether mail service is available. It covers evidence abroad, blocking statutes, and the comity analysis that governs when the evidence convention must be used. It treats the American discovery statute available to foreign litigants, including the decision that removed private arbitration from its scope. It sets out the recognition framework for foreign judgments and the exclusive grounds for refusal. It explains why arbitral awards enforce more reliably and what that means for contract drafting. It closes with sovereign immunity, provisional relief, and asset tracing.

Cross-Border Disputes: A Comprehensive Guide to Service, Evidence, and Enforcing Foreign Judgments and Awards

Dispute Resolution > Cross-Border Disputes and Foreign Judgments | Published 21 October 2024 - Updated 25 February 2025 | UpLaw - uplaw.us

Part I: The Framing Question

Domestic litigation treats jurisdiction, procedure, and enforcement as one system. Cross-border disputes involve at least two systems that may not cooperate, and sometimes three: the forum, the place of service or evidence, and the place of the assets.

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