Izvorni znanstveni članak
Recognition Jurisdiction and The Hague Choice of Court Convention
Ronald A. Brand
; Center for International Legal Education, University of Pittsburgh School of Law
Sažetak
This chapter considers the question of personal jurisdiction in U.S. courts at the stage of submission of a foreign judgment for recognition. Existing cases dealing with both recognition of foreign judgments and with the recognition of foreign arbitral awards under the New York Convention fail to provide a clear position on (1) whether either personal jurisdiction, or quasi in rem jurisdiction through the presence of the judgment/award debtor’s assets, is required, and (2) if quasi in rem jurisdiction is relied upon, just what allegation or proof of the presence of the judgment/award debtor’s assets within the jurisdiction is necessary. The analysis here ends with the conclusion that due process for purposes of recognition jurisdiction may be satisfied based on concepts of consent that are fundamental to the operation of both the New York Convention and the 2005 Hague Convention on Choice of Court Agreements. Such a result would place the United States in a position consistent with its future treaty partners under the Hague Convention on the matter of recognition jurisdiction.
Ključne riječi
jurisdiction; recognition jurisdiction; foreign judgment recognition; foreign judgments; Hague Choice of Court Convention
Hrčak ID:
93097
URI
Datum izdavanja:
3.5.2012.
Posjeta: 2.259 *