Partner Maria Kostytska Authors the U.S. Chapter on Cross-Border Enforcement of Judgments Against States

International Bar Association’s multi-jurisdictional guide on cross-border enforcement of judgments against states

The U.S. chapter is part of the new guide to cross-border enforcement of judgments against state released by the International Bar Association. Authors from almost fifty jurisdictions have taken part in this project. For each jurisdiction, the guide outline the key requirements for enforcing a foreign judgment against a state entity. The guide covers the basic criteria for enforcement of a foreign judgment, the application of sovereign immunity, and due process standards and exceptions.

The U.S. chapter is an indispensable tool for judgement creditors seeking recognition and enforcement of foreign judgments in this country. In the United States, recognition and enforcement of foreign judgments is governed by state law (as opposed to federal law). The District of Columbia is important because it is a proper venue for any civil action “brought against a foreign state or political subdivision thereof.” New York, a global financial center, is important because it may be a place where an “agency or instrumentality” of a foreign state “is licensed to do business or is doing business,” or where a “substantial part of property that is the subject of the action is situated.”

View the full chapter here and contact the author for more information about enforcement of your judgment. 

This article was originally published by the International Bar Association. Reprinted with permission. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only.