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COUNCIL MEMORANDUM NO. 2 1 (circa 2000)

handle is hein.ali/alirej0004 and id is 1 raw text is: AMERICAN LAW INSTITUTE Project on International Jurisdiction and the Recognition and Enforcement of Foreign Judgments Council Memorandum No. 2 From: The Reporters Tntrndultition The purpose of this Report is to inform the Council about tne status of the proposed Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters, and the Institute's related project to implement the Convention in the United States and/or to draft a federal statute in the absence of treaty to govern the recognition and enforcement of foreign judgments in the United States. In Council Memorandum No. 1 presented to the Council in December, 1999, we set forth the outlines of the proposed Jurisdiction and Judgments Convention, which was to be finalized at a Diplomatic Conference at the Hague, scheduled for October, 2000. We noted various areas of controversy with respect to the jurisdiction provisions of the proposed Convention and the possibility that the United States would resist a Convention of that design. The Council and the Reporters then considered how the ALI should proceed given that a finalized Draft Convention might well be unacceptable to the United States. The ALI project has always had two components -- one to draft federal legislation to implement the Convention and the other to provide a federal statute on recognition in the event the Convention is not adopted. The Council's recommendation was that for the time being, the Reporters proceed on both fronts. Within that framework, the Reporters submitted a Report to the members of the Institute at the May, 2000 meeting in Washington, D.C., which raised a number of issues for discussion with respect to both aspects of the Project. In early May 2000. shortly before the Annual Meeting of the Institute, a decision was taken at the General Affairs Meeting of the Hague Conference that a Diplomatic Session in October 2000 would be premature, in light of the serious divisions among the delegates about an appropriate Convention text.' The Special Commission on General Affairs and Policy of the Hague Conference recommended that the Diplomatic Session be postponed and divided into two sessions: the first to be held in June 2001, the second in I See Linda Silberman, Can the Hague Judgments Project Be Saved?: A Perspective from the United States [forthcoming).

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