Recognition and enforcement of foreign judgments in American courts and the limits of the law market model

Abstract The law market model posits that the most appropriate resolution of choice-of-law disputes in private international is to permit individuals choose ex ante applies them. This contrasted public where courts based on perceived interests of, or parties’ connections with, states nations involved. envisions consumer choice will lead optimal competition among jurisdictions supply efficient law. has influenced rise party autonomy, notably widespread enforcement many contractual and forum-selection clauses. One area had little influence foreign judgments. In United States, judgments from other countries face higher hurdles obtaining recognition enforcement, as compared issued by sister states. There been discussion literature possibility contractually waiving these hurdles, choosing make it easier enforce reticence appears be part assumption state such mandatory non-waivable, reflects sovereign Revisiting this regime through lens suggests policymakers should parties, within broad limits, waive select judgment recognition, they are permitted do with areas