Harmonisation of Conflict of Law Rules in the US? The Example of Recognition and Enforcement of Foreign Money Judgments

Abstract

Where the EU has experienced a wave of harmonisation—Europeanisation—of private international law rules, the same cannot be said for the US. This chapter, which uses recognition and enforcement of foreign money judgments as an example, shows that ‘Americanisation’ of private international law rules is not high on the agenda of the federal legislator. The basis for the law on recognition and enforcement in the US can be found in a case from 1895 and has since developed along the lines of non-binding model Acts, drafted by scholarly organisations. Although most US states have adopted legislation inspired by such model rules and Acts, others still adhere to common law principles, leaving the US with a non-harmonised, non-uniform regime. The latest attempt at harmonisation is a proposed statute of the American Law Institute, dating back to 2005, which has received as a main critique that it proposes a reciprocity condition. Yet, scholars do agree that actual harmonisation of the rules on recognition and enforcement of money judgments in the US will only be beneficial for businesses, private individuals and the country as a whole.