Is the Uniform Foreign Money-Judgments Recognition Act Potentially Unconstitutional? If So, Should the Texas Cure Be Adopted Elsewhere?

Recent political events of historic and global proportion afford a wealth of challenge and opportunity for international legal practice. The breakup of the former Soviet Union, the reunification of Germany, and, in general, the collapse of command-style central planning as a viable approach to economic organization seem certain to expedite globalization of markets and increase the volume of international business transactions. An increase in transactions means an increase in disputes. While arbitration is generally considered the preferred device for resolving transnational business disputes, litigation is frequently unavoidable, either as a substitute for arbitration or as a consequence of it. As international disputes are litigated and reduced to judgments in the national courts of various countries, the recognition and enforcement of foreign judgments will present an expanded challenge to international legal practice. This Article addresses one aspect of that challenge: the recognition and enforcement of foreign country money judgments in the United States

Is the Uniform Foreign Money-Judgments Recognition Act Potentially Unconstitutional? If So, Should the Texas Cure Be Adopted Elsewhere?

Recent political events of historic and global proportion afford a wealth of challenge and opportunity for international legal practice. The breakup of the former Soviet Union, the reunification of Germany, and, in general, the collapse of command-style central planning as a viable approach to economic organization seem certain to expedite globalization of markets and increase the volume of international business transactions. An increase in transactions means an increase in disputes. While arbitration is generally considered the preferred device for resolving transnational business disputes, litigation is frequently unavoidable, either as a substitute for arbitration or as a consequence of it. As international disputes are litigated and reduced to judgments in the national courts of various countries, the recognition and enforcement of foreign judgments will present an expanded challenge to international legal practice. This Article addresses one aspect of that challenge: the recognition and enforcement of foreign country money judgments in the United States