Foreign Judgment Form
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People also ask
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What countries are covered by the foreign judgments reciprocal enforcement ordinance?
The Foreign Judgment Enforcement Ordinance facilitates enforcement of judgments, including orders, in any civil proceedings given or made by prescribed courts in 15 foreign countries, which includes courts in Australia and a court having unlimited jurisdiction in civil and criminal matters in Bermuda, Brunei, India, ...
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Can US judgment be enforced in Hong Kong?
In Hong Kong, foreign judgments (other than Mainland China) in civil and commercial matters may be enforced in the Hong Kong SAR via a statutory registration scheme under the Foreign Judgments (Reciprocal Enforcement) Ordinance (Cap. 319) or common law.
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What is the principle of reciprocity in China?
This principle states that if a foreign country has not previously rejected China's approval and support application for insolvency procedures, and if there is a likelihood of future approval and enforcement of China's insolvency procedures in that foreign country based on its legal system, then it is presumed that ...
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Can a foreign court's decision be enforced in the US?
Enforcement of a Foreign Judgment in the U.S. Enforcement of judgments issued by foreign courts in the United States is governed by the laws of the states. Enforcement cannot be accomplished by means of letters rogatory in the United States.
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How to enforce foreign Judgement in China?
Article 298 of the Civil Procedure Law (2023 Amendment) provides for three bases for applying for recognition and enforcement of foreign judgments in China: international conventions, bilateral treaties, and reciprocity.
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Is a foreign court judgment enforceable in the US?
Enforcement of a Foreign Judgment in the U.S. Enforcement of judgments issued by foreign courts in the United States is governed by the laws of the states. Enforcement cannot be accomplished by means of letters rogatory in the United States.
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How do you enforce a foreign Judgement in NY?
The easiest procedure is to file a motion for summary judgment in lieu of complaint. That sets up a summary procedure that is designed to determine whether defendant received proper service of legal papers in the out-of-state case and that granting recognition to the judgment doesn't violate NY public policy.
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How do you enforce a US Judgement in China?
The current CPL (amended in 2023) provides that a Chinese court can enforce a foreign judgment pursuant to: (1) the international convention or bilateral treaty (which is not applicable to the US judgments as there is no such convention or treaty); or (2) the principle of reciprocity.
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