Also known as: recognize and enforce · recognized and enforced · recognizing and enforcing · foreign judgment enforcement · award enforcement
Written by attorneys · grounded in primary & secondary sources — see below
A judicial obligation requiring courts of one jurisdiction to give effect to valid judgments, orders, or awards issued by courts or tribunals of another jurisdiction when jurisdictional standards are met and no modification has occurred.
Rina Rahman obtained a custody decree in State A after the child resided there for six weeks during a temporary work reassignment. Rajesh Rao later petitioned in State B to register and enforce the decree. The State B court recognized the order because the State A court had exercised jurisdiction meeting the Act's standards and the order remained unmodified.
Rebecca Ross secured a registered support order from State C against Riley Rivera. When Rivera relocated assets to State D, Ross sought enforcement there. The State D tribunal recognized and enforced the order without modification because the issuing tribunal possessed jurisdiction.
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Rhapsody Entertainment obtained an arbitral award in Japan against Redline Automotive under a maritime contract containing an arbitration clause. Rhapsody sought confirmation in a U.S. district court. The court recognized and enforced the award because the parties had agreed to arbitration and the award satisfied the Convention's requirements.
Ridgeway Partners and Raven Logistics entered a distribution agreement with an arbitration clause covering antitrust disputes. After an arbitral tribunal in Japan issued an award, Ridgeway sought enforcement in U.S. court. The court recognized the award because the claims were arbitrable under the parties' agreement and applicable international conventions.
Ruby Rivera sold her business to Rita Russell under a contract with an arbitration clause. An arbitral tribunal abroad issued an award on fraud claims. Russell sought to block enforcement in U.S. court. The court recognized and enforced the award because the clause covered the claims and international policy favored enforcement of such agreements.
A court must recognize and enforce the determination if the rendering court exercised jurisdiction in substantial conformity with the Act or the determination meets the Act's jurisdictional standards and has not been modified.
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A tribunal shall recognize and enforce but may not modify a registered support order if the issuing tribunal had jurisdiction.
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A valid judgment must be recognized and enforced even though the strong public policy of the forum state would have precluded recovery on the original claim.
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Recognition and enforcement may be refused only on narrow grounds such as public policy or non-arbitrability, consistent with the New York Convention and federal statutes implementing it.
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…by these cases is the arbitrability, pursuant to the Federal Arbitration Act, 9 U. S. C. § 1 et seq., and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Convention), [1970] 21 U. S. T. 2517, T. I. A. S. No. 6997, of claims arising under the Sherman Act, 15 U. S. C. § 1 et seq., and encompassed within a valid…