Anspruch, Titel und Vollstreckung im internationalen Rechtsverkehr

Procedures for the enforcement of foreign judgments have to strike a balance between the creditor's right to obtain satisfaction from a judgment or other enforceable instrument already created in another jurisdiction and the debtor's right to defend himself against the underlying claim or to plead a counterclaim against the creditor. This balance is struck by the complex interaction of rules of res judicata, issue preclusion, applicable law, jurisdiction and the scope of review in exequatur and enforcement proceedings. Comparing British, French, German, Swiss and U.S. (Federal, New York and California) law, Andreas Nelle develops six basic rules for resolving such conflicts between creditor and debtor in international enforcement proceedings. Applying these principles, he develops solutions for a large number of practical situations, showing how these rules facilitate the coordinated enforcement across national borders of countries which often have fundamentally different enforcement regimes.