Georgia § 9-12-113 Recognition and enforcement of foreign-country judgments

Georgia Statutes

§ 9-12-113 — Recognition and enforcement of foreign-country judgments

(a)Except as otherwise provided in subsection (b) of this Code section, a court of this state shall recognize a foreign-country judgment meeting the requirements of Code Section 9-12-112 .

(b)A court of this state shall 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;

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

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

(5)The judgment was obtained by fraud that deprived the losing

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(a) Except as otherwise provided in subsection (b) of this Code section, a court of this state shall recognize a foreign-country judgment meeting the requirements of Code Section 9-12-112 . (b) A court of this state shall 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; (3) The foreign court did not have jurisdiction over the subject matter; (4) The defendant in the proceedings in the foreign court did not receive notice of the proceedings in sufficient time to enable the defendant to defend; (5) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case; (6) The judgment or cause of action on which the judgment is based is repugnant to the public policy of this state or of the United States; (7) The judgment conflicts with another final and conclusive judgment; (8) The proceedings in the foreign court were contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in such foreign court; (9) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action; (10) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to such judgment; or (11) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law. (c) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) of this Code section exists.

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