《国际私法》第十五章.pptVIP

Enforcement of Foreign Judgments in USA: underlying policies 1. State court judgments Recognition and enforcement by one state of a judgment rendered in any other is compelled by the Full Faith and Credit Clause of the United States Constitution. This clause requires a court in F2 to give an F1 judgment the same effect it would receive in F1, but the enforcement procedures are governed by the law of the forum( F2). 2. Federal court judgments Although the Full Faith and Credit Clause applies only where a state court judgment is sought to be enforced in another state, an implementing federal statute provides that judicial proceedings “ shall have the same full faith and credit in every court within the United States and its Territories and possessions as they have by law or usage in the courts of such State, Territory or possession from which they are taken.” Congress has provided that a final judgment rendered by a federal district court in an action for recovery of money or property may simply be registered in any other federal district court( by filing a certified copy of the original judgment in the second district). Once registered, the judgment has the same effect as a judgment of the district in which it was rendered and may be enforced directly. 3. Judgments of Foreign Countries The Full Faith and Credit Clause does not apply to judgments rendered in a foreign country. However, many foreign countries have entered into treaties with the United States providing for mutual recognition and enforcement of judgments. Even in the absence of such treaties, foreign judgments have been recognized in American courts under two theories: Reciprocity doctrine or Comity. 【案例分析4】 1993年12月11日，香港银森轮船有限公司（以下简称银森公司）与厦门生利经贸发展公司（以下简称生利公司）签订了一份《航次租船运输合约》（以下简称《合约》）。《合约》约定：由银森公司承运生利公司一批货物（毛石），从中国福建福鼎沙珵港运至阿联酋的迪拜港。《合约》运费条款规定：租船人需向船东出具全部运费的银行保函。《合约》争议解决条款约定：在合同履行期间发生的争议，应本着平等友好的精神，以本合同条款为依据，友好协商解决，或在香港依英国法律进行仲裁。 同日，银森公司和生利公司还签订了一份《运费支付协议》（以下简称《协议》）。《协议》约定：本运费承担，保证/保