Appendix 12-A. Uniform Foreign Money-Judgments Recognition Act

• Pages: 185-186

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APPENDIX 12-A

Uniform Foreign Money-Judgments

Recognition Act1

1. Definitions. As used in this Act:

a. “foreign state” means any governmental unit other than the United

States, or any state, district, commonwealth, territory, insular posses-

sion thereof, or the Panama Canal Zone, the Trust Territory of the

Pacific Islands, or the Ryukyu Islands;

b. “foreign judgment” means any judgment of a foreign state granting

or denying recovery of a sum of money, other than a judgment for

taxes, a fine or other penalty, or a judgment for support in matrimo-

nial or family matters.

2. Applicability. This Act applies to any foreign judgment that is final and

conclusive and enforceable where rendered even though an appeal there-

from is pending or it is subject to appeal.

3. Recognition and Enforcement.

a. Except as provided in section 4, a foreign judgment meeting the

requirements of section 2 is conclusive between the parties to the

extent that it grants or denies recovery of a sum of money.

b. The foreign judgment is enforceable in the same manner as the judg-

ment of a sister state which is entitled to full faith and credit.

4. Grounds for Non-recognition.

a. A foreign judgment is not conclusive if

(1) the judgment was rendered under a system which does not

provide impartial tribunals or procedures compatible with the

requirements of due process of law;

(2) the foreign court did not have personal jurisdiction over the

defendant; or

(3) the foreign court did not have jurisdiction over the subject matter.

b. A foreign judgment need not be recognized if

(1) the defendant in the proceedings in the foreign court did not

receive notice of the proceedings in sufficient time to enable him

to defend;

1. 13 U.L.A. 261 (198 6).

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