International Law | Recognition & Enforcement of Foreign Judgments | Lex Animata by Hesham Elrafei
HTML-код
- Опубликовано: 5 сен 2024
- Recognition & Enforcement of Foreign Judgments , explained - International Law Animation lectures.
By Hesham Elrafei
/ heshamelrafei
This video visualize and simplify the concept of Foreign Court decisions enforcement civil and commercial matters abroad.
In terms of principles of comity, reciprocity and res judicata (that is, that the legal issues in question , have been finally decided already by a court , between the same parties, and cannot be ruled on again. )
As a result , the number of treaties between states, has grown quickly , in order to regulate this conflict of law.
In the absence of a treaty , a country is not obliged to recognize or to enforce a foreign judgment , as the substance of the foreign court decision is not reviewed .
however , some legal systems recognize foreign judgments , more or less to the same degree , as domestic judgments .
For instance, countries with more restrictive domestic rules, like France , tend to enter into more bilateral treaties, comparing to the United States, who has zero.
In all cases, whether in the presence of a treaty or without , a state can deny the enforcement of a judgment , after examining the following causes:
1ST , whether the rendering court, that issued the judgment has jurisdiction over the case .
2ND , that the judgment is valid , final , and on the merits , under the law of the rendering court
3RD That the defendant had the right to fair trial , was properly served with notice of the proceedings , and had an opportunity to be heard in court , and the right to appeal.
4TH, that the foreign judgment, is not contrary to the public policy of the enforcing country, its national laws , nor with international law
Given that no general duty exists, to recognize foreign judgments at all, such exceptions are generally compatible with international law, unless treaty law provides otherwise.
Sir, I have a doubt...
Foreign judgment is conclusive if it is pronounced by a competent court of jurisdiction ,decided on merits , Support the international law ,Maintain natural justice ,not obtained by fraud....
If it is conclusive then it can be operate as Res Judicata under sec 13 CPC .......If it will be res judicata then how will we enforce it in other courts????
Kindly clear my doubt sir.....
Why don't you make international law animation of mutual legal assistance cooperation?
Hi Hesham, I truly appreciate the information of your video. I have FAA award need help to file, enforce & execute the judgement in the court. I appreciate if you can assist me as attorney to handle my case? my awards about $20Mil. so I desperately need knowledgeable attorney to settle my case. look forward to your reply? thanx in advance
Salam Ya Beik
So foreign courts cannot influence domestic law in any way ?
Hทำไมดิฉันถึงไม่เลือกสีเขียวละคะเพาะเดียวพวกเขาก็รู้สิคะ