§658F-4 - Standards for recognition of foreign-country judgment.

[§658F-4] Standards for recognition of
foreign-country judgment. (a) Except as otherwise provided in subsections
(b) and (c), a court of this State shall recognize a foreign-country judgment
to which this chapter applies.

(b) A court of this State may not recognize a
foreign-country judgment if:

(1) The judgment was rendered under a judicial system
that does not provide impartial tribunals or procedures compatible with the
requirements of due process of law;

(2) The foreign court did not have personal
jurisdiction over the defendant; or

(3) The foreign court did not have jurisdiction over
the subject matter.

(1) The defendant in the proceeding in the foreign
court did not receive notice of the proceeding in sufficient time to enable the
defendant to defend;

(2) The judgment was obtained by fraud that deprived
the losing party of an adequate opportunity to present its case;

(3) The judgment or the
cause of action on which the judgment is based is repugnant to the
public policy of this State or of the United States;

(4) The judgment conflicts with another final and
conclusive judgment;

(5) The proceeding in the foreign court was contrary
to an agreement between the parties under which the dispute in question was to
be determined otherwise than by proceedings in that foreign court;

(6) In the case of jurisdiction based only on
personal service, the foreign court was a seriously inconvenient forum for the
trial of the action;

(7) The judgment was rendered in circumstances that
raise substantial doubt about the integrity of the rendering court with respect
to the judgment; or

(8) The specific proceeding in the foreign court
leading to the judgment was not compatible with the requirements of due process
of law.

(d) A party resisting recognition of a
foreign-country judgment has the burden of establishing that a ground for
nonrecognition stated in subsection (b) or (c) exists. [L 2009, c 34, pt of §1]