| I. Proposed Rule Changes |
1 |
| 1. Introduction |
1 |
| 2. Recognition And Enforcement - Generally |
6 |
| 1. Equitable Doctrines, Remedies and Rules |
6 |
| 1. Doctrine of Comity |
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| 2. Doctrine of Reciprocity |
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| 3. Full Faith And Credit Clause |
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| 4. Parallel Litigation - State Courts and Foreign Litigation |
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| 5. First Filed Rule |
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| 6. Anti-Suit Injunctions |
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| 7. Last-In-Time Rule |
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| 2. Variation in Principles and Practice |
22 |
| 1. Recognition and Enforcement Distinguished |
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| 2. Interpretations of Reciprocity |
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| 3. Public Policy Interpretations |
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| 4. Federal Standard for Recognition |
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| 5. Application of State and Federal Law |
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| 6. Effect of a Foreign Country Judgment |
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3. Recognition Of Foreign Country Judgments Decrees
And Orders In The United States |
29 |
| A. Reference Material |
29 |
| B. Uniform Foreign Money-Judgments Recognition Act ("Uniform Act") |
30 |
| 1. Review of the Uniform Act |
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| 2. Reciprocity Within The Uniform Act |
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| 3. Scope of Recognition |
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| 4. Grounds for Non-Recognition |
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| 3. The Restatement (Third) Foreign Relations Law of the United States ("The Restatement") |
35 |
| 1. Review of the Restatement |
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| 2. Restatement and Uniform Act Compared |
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| 3. Scope of Recognition |
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| D. Recognition and Enforcement of Divorce Decrees |
36 |
| 1. Foreign Migratory Divorces |
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| 2. Jurisdiction Requirements |
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| 3. Grounds for Non-Recognition |
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| 4. Equitable Recognition |
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| 5. Recognition and Enforcement of Foreign Support Orders |
40 |
| 1. Recognition Under the Restatement |
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| 2. Enforcement Under the Restatement |
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| 3. Rationale for Recognition and Enforcement |
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| 4. Federal Legislation Facilitating Enforcement |
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| 6. Recognition and Enforcement of Foreign Child Custody Orders |
44 |
| 1. Recognition Under the Restatement |
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| 2. Enforcement Under the Restatement |
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| 3. Rationale for Recognition and Enforcement |
|
| 4. Federal Legislation Facilitating Enforcement |
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| G. Receivership Orders |
48 |
| H. Long Arm Capacity of U. S. Federal and State Procedural Rules |
48 |
| 1. Federal Rules of Civil Procedure Affecting Foreign Defendants |
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| 2. Texas Rules of Civil Procedure Affecting Foreign Defendants |
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| 4. Recognition Of United States Judgments Decrees And Orders In Foreign Countries |
54 |
| 1. Reference Material |
54 |
| 2. Recognition and Enforcement Dilemma |
55 |
| 1. Comity v. National Integrity |
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| 2. Matrimonial Judgments, Decrees and Orders |
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| 3. Criteria for Recognition and Enforcement |
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| 3. European Economic Community |
56 |
| 1. The Brussels Convention (I) |
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| 2. The Brussels Convention (II) |
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| 4. Mareva Injunctions |
62 |
| 1. Federal Restrictions |
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| 2. State Law Application of the Mareva |
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| 3. Mareva Prerequisites |
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| E. The "English"Anton Pillar Order |
66 |
| |
| V. Attachment Of Assets |
67 |
| 1. Introduction |
|
| 2. Questionnaire |
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| 3. Terminology |
|
| |
| VI. Discovery - Finding Assets In Foreign Countries |
72 |
| 1. Service of Process |
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| 2. Discovery |
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| 3. Securing Evidence |
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| 4. Taking Depositions |
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| 5. Do's and Don'ts |
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| 6. Procedural Resources |
|
| |
| VII. Conclusion |
83 |
| |
| VIII. Appendix |
86 |
| 1. International Recognition and Enforcement - Country by Country |
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| 2. Form for Special Appearance, Plea In Abatement and Answer in parallel litigation case |
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