COMPARATING SURVEY OF PROCEDURES FOR RECOGNIZING FOREIGN DECISIONS IN MONTENEGRO, REPUBLIC OF SERBIA AND UNITED STATES OF AMERICA

Abstract

The foreign judgments and arbitral awards have no direct force outside the forum’s jurisdiction. They will have effect in a foreign jurisdiction only after their recognition in special procedure. If we are talking about recognition of foreign judgments and arbital awards as a main issue, the most autors in Montenegro and Serbia consider that the best procedure is extra-judiciary procedure. The procedure for recognition and enforcement in United States of America starts with an action on the foreign judgment, and the claimant practicly demands confirmation of foreign judgments by it’s converting into american judgment.

Comparating survey of procedures for recognition of foreign judgments and arbitral awards in Montenegro, Serbia and United States of America, leads us to conclusion that there is substantial reciprocity betwean all of them. The fact that procedure in Montenegro and Serbia starts with application, and in United States of America with an action, could not affect it. Because, in all of these countries, the recognizing court just check are all formal and substantial conditions fulfilled, and in no circumstances may a foreign judgment be reviewed as to it’s substance.

The conditions and procedure for recognition in United States of America are not more difficult than conditions or procedure in Montenegro and Serbia, and vice versa, so some existing differences should not contribute to non-recognizing american judgments in Montenegro or Serbia, or montenegrinian or serbian judgments in United States of America.