Cross-border enforcement of judgments against states – jurisdiction-by-jurisdiction guide
Tuesday 12 March 2024
The IBA Litigation Committee is pleased to present this new guide to cross-border enforcement of judgments against states.
Authors from almost fifty jurisdictions have taken part in this project. For each jurisdiction, our aim is to outline the key requirements for enforcing a foreign judgment against a state entity. The guide covers the basic criteria for enforcement of a foreign judgment, the application of sovereign immunity, and due process standards and exceptions (service, representation, etc). It also considers how these principles apply where states are involved in armed conflict, which is sadly relevant to a number of litigants around the world currently seeking to recover for wartime damages against aggressor states.
To our knowledge, no similar guide exists, although the need for one is clear. We are grateful to all of our contributors for giving their time and expertise.