Private International Law: Recognition and Enforcement of Foreign Judgment
Recognition and Enforcement of Foreign Judgment Distinction between Recognition and Enforcement In conflicts parlance, the term "foreign judgment" refers to all decisions rendered outside the forum and encompasses judgments, decrees, and orders of courts of foreign countries as well as those of sister states in a federal system of government. If the successful plaintiff fails to obtain satisfaction of a judgment in the court which granted it, he may try to enforce it in anothe r state where the defendant can be located. Likewise, a case for recognition may arise if the defendant wins and asserts that decision to preclude the plaintiff from filing a suit on the same claim in another forum. Although the rules on recognition and enforcement of foreign judgments are analogous, there are conceptual and procedural differences between the two. Recognition is a passive act of giving effect to a judgment of Forum-1 without necessarily filing an action in Forum-2. F...