Foreign Judgments

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S.I. Strong is the Manley O. Hudson Professor of Law at the University of Missouri School of Law. In her article Recognition and Enforcement of Foreign Judgments in U.S. Courts: Problems and Possibilities, she said that the U.S. legal system concerning enforcement of foreign judgments contain numerous problems. In addition to the uncertainty, and complexity, the parties seeking enforcement will suffer from high costs. She adds that it is time now for a uniform approach to be developed in the U.S. in relation to the recognition and enforcement of foreign judgments, and that the best way to accomplish uniformity is by adopting federal legislation.
Professor Strong notes that despite the fact that the two Acts (1962, 2005) exclude foreign judgments relating to divorce or maintenance from enforceability, these foreign judgments might be recognized and enforced through the International …show more content…
For example, both Acts and the Restatement do not provide a clear definition for the first ground for non-recognition in relation to what constitutes "an impartial tribunal or a procedure that is incompatible with the requirements of due process." She adds that it is difficult for litigants to know either the procedural or substantive principles that will apply to any particular case. She believes that these deficiencies could affect access to justice and cause disorder in foreign relations.
Professor Strong thinks that the best solution to address the numerous procedural and substantive problems facing the current U.S. system for recognition and enforcement of foreign judgments is by adopting a uniform federal statute. Professor Strong supports the proposed federal statute drafted by the ALI in 2006. This proposed federal statute also has some deficiencies and has been criticized in relation to its scope, expansiveness and potential uncertainty of

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