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Foreign judgments, that is judgments pronounced by a judicial tribunal other than a New South Wales tribunal, are recognised and enforced by New South Wales courts subject to certain specific requirements.
Neither Ontario nor Canada is a party to any bilateral enforcement of money judgement treaty or convention with the U.S. or any particular state in the U.S.. However many U.S. states have enacted statutes concerning the enforcement of foreign (including Ontario and Canada) money-judgments in that state.
The ?recognition? of a foreign judgment occurs when the court of one country accepts a judicial decision made by the courts of another ?foreign? country, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
Most states in the United States, the District of Columbia, the Northern Mariana Islands, and the Virgin Islands have adopted the Uniform Enforcement of Foreign Judgments Act, which requires them to give effect to the judgments of other states and territories.
In the United States, foreign awards are typically subject to the Federal Arbitration Act (FAA) Chapter 2's limitations period of three years. See 9 U.S.C. §207. Tolling for this three-year limitations period is relatively limited.
Domesticating a foreign judgment in California to put it simply, is relocating a court ruling's jurisdiction. A judgment ruled, in the case under California law, can transfer from California's ruling jurisdiction to another. This process is domestication of a foreign judgment.
Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
A suit for the foreign judgement should be filed within 3 years from the date of the judgment. In case of a foreign judgement not being recognised as conclusive, an enforcement suit cannot be initiated.
A foreign judgment which is conclusive under Section 13 of the code may be enforced by instituting execution proceedings under Section 44-A in the case of 'reciprocating territories' (see question 1.2) or by instituting a civil suit on the judgment in the case of non-reciprocating territories.