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76 The US-Israel Legal Review 2019
US-ISRAEL: INTERNATIONAL JUDGEMENT ENFORCEMENT
WHAT IS THE LEGAL FRAMEWORK UNDER
WHICH AN ISRAELI JUDGEMENT WOULD BE
RECOGNIZED AND ENFORCED IN THE US?
The United States legal system is made up of both
a federal system that applies across the country
and the laws of each of the 50 states. There is no
uniform set of rules or statutes which govern the
recognition or enforcement of foreign judgments
across all US jurisdictions.
Generally, to “recognize” a foreign judgment
means to make it equal to any other judgment
issued by a US court. Unlike Israel, which has
judgment recognition treaties with Spain, the
United Kingdom, Germany, and Austria, the United
States is not a party to any judgment recognition
treaties or agreements.
Many states have adopted a version of the
Uniform Foreign Country Money-Judgments
Recognition Act of 2005 (UFMJRA). The UFMJRA
applies to any foreign judgment that is final,
conclusive, and enforceable “to the extent that it
grants or denies recovery of a sumofmoney.”Where
the UFMJRA does not apply, a foreign judgment can
still be recognized under the common law, which
reflects principles of international comity.
In the context of arbitration awards, the United
States is a party to the United Nations Convention
on the Recognition and Enforcement of Foreign
Arbitral Awards 1958 (New York Convention),
9 USC. § 1-307 (FAA). Arbitral award creditors
typically will file a petition in US federal court to
recognize, confirm, and enforce the arbitration
award. A subsequent order confirming the award
will lead to an entry of judgment, effectively
converting the award into a domestic judgment
enforceable in the United States.
WHAT CONSTITUTES A JUDGEMENT
CAPABLE OF RECOGNITION AND
ENFORCEMENT?
While rules differ between US jurisdictions,
generally a judgment is capable of recognition and
enforcement where the judgment is final, conclusive,
and enforceable in the country where the judgment
and award were rendered.
In exceptional cases, interim awards and
injunctions may be enforced in US courts where
the applicant demonstrates a compelling public
interest, such as custody orders.
The UFMJRA does not prevent recognition and
enforcement due to a pending appeal in the initial
Israeli court. In those situations, US courts retain
the right to stay any enforcement proceeding
pending final resolution of the Israeli appeal.
International Judgement
Enforcement in the
United States and Israel
Tools available to parties in both jurisdictions allow for
coordinated, cross-border asset recovery campaigns.
A Q&A with Kobre & Kim.