Article written for the International Law Practicum of the New York State Bar Association on how to enforce a New York judgment in England in the digital age.
An extract of the article appears below:
“The most commonly designated jurisdictions to resolve disputes, arising out of or in connection to all manner of contracts, are either England and Wales or the State of New York. It is therefore unsurprising that these are the only two jurisdictions used as examples for the model form exclusive jurisdiction clauses suggested under the guidance set out in the 2018 ISDA Choice of Court and Governing Law Guide. This is to be anticipated, given both jurisdictions are renowned for the fairness and independence of their judges, the dominance of London and New York as finance hubs, and the ubiquity of the English language. But what happens when a creditor obtains a judgment from a court in New York against a debtor whose only assets amenable to enforcement are located in the jurisdiction of England and Wales? This article answers that question and also considers the latter jurisdiction’s ability to adapt to the challenges arising from an age when social media is rampant and cryptocurrency transactions may become so.”
To read the full article on the New York State Bar Association website, please click here.
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