Foreign Judgments and the Relationship between Direct and Indirect Jurisdiction

Development summary

Richard Garnett’s article examines jurisdiction in the recognition and enforcement of foreign judgments through the distinction between direct jurisdictional rules applied by the court of origin at the initial adjudication stage and indirect rules applied at the recognition and enforcement stage. It contends that, outside a federal system or an international convention with uniform rules, there is no compelling justification for eliminating the gap between those two sets of rules.