What are the defenses to the recognition and enforcement of foreign judgments ?

There are several defenses that can be raised to challenge the recognition and enforcement of foreign judgments. Some common defenses include:

1. Lack of jurisdiction: If the foreign court did not have jurisdiction over the parties or the subject matter of the case, the judgment may not be enforceable.

2. Violation of due process: If the foreign court did not provide the parties with a fair and impartial hearing, the judgment may be unenforceable.

3. Contrary to public policy: If the enforcement of the foreign judgment would violate the public policy of the enforcing jurisdiction, it may not be recognized.

4. Fraud or collusion: If the foreign judgment was obtained through fraud or collusion, it may not be enforceable.

5. Inconsistency with a prior judgment: If the foreign judgment is inconsistent with a prior judgment in the enforcing jurisdiction, it may not be recognized.

6. Lack of finality: If the foreign judgment is not final and conclusive, it may not be enforceable.

7. Lack of reciprocity: Some jurisdictions require that foreign judgments be enforceable in the country of origin in order to be recognized and enforced.

It is important to consult with a legal professional to determine the best defense strategy in challenging the recognition and enforcement of a foreign judgment.

Defenses to Recognition and Enforcement of Foreign Judgments

1. Lack of Jurisdiction
- The foreign court lacked personal or subject matter jurisdiction over the defendant.
- The defendant was not properly notified of the proceedings.

2. Fraud or Procedural Irregularity
- The judgment was obtained through fraud or coercion.
- There were procedural irregularities that deprived the defendant of a fair trial.

3. Public Policy
- The judgment would violate fundamental public policy interests of the forum state.
- The judgment offends the forum state's sense of justice or morality.

4. Lis Pendens or Res Judicata
- A similar action is already pending in the forum state (lis pendens).
- A valid and enforceable judgment has already been rendered by a court in the forum state (res judicata).

5. Lack of Finality
- The foreign judgment is not final and subject to appeal or modification in the foreign country.

6. Contravention of Domestic Law
- The judgment requires the enforcement of an illegal act or omission under the laws of the forum state.
- The judgment is contrary to the forum state's statutory provisions governing foreign judgment recognition.

7. Public Interest Considerations
- The recognition and enforcement of the judgment would harm the public interest or the economy of the forum state.
- The judgment would interfere with the lawful activities or policies of the forum state.

8. Passage of Time
- The statute of limitations for enforcing foreign judgments has expired in the forum state.

9. Lack of Reciprocity
- The foreign country where the judgment was rendered does not reciprocate in recognizing and enforcing judgments from the forum state.

10. Other Defenses
- The defendant was not a party to the foreign proceeding.
- The foreign judgment is ambiguous or unenforceable.
- The foreign court was biased or corrupt.