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International Law
: International Asset Recovery Law BlogPunitive Damages: Will they be enforced in a foreign court?
By Michelle Schindler
In the past, foreign courts have
refused to enforce or have been wary about enforcing American punitive damages
awards because the large awards offend the foreign court?s notion of public
policy. One reasoning being that
punishments should come from the criminal court system which has more elaborate
due process protections. However,
several recent articles have indicated that this past wariness may be changing;
see John Gotanda, Charting Developments Concerning Punitive Damages: Is The
Tide Changing, 45 Colum. J. Transnat'l L. 507 (2007) and Adam Liptak?s
March 26, 2008 New York Times article ?Foreign Courts Wary of U.S.
Punitive Damages.?
Both Gotanda and Liptak note that
recent decisions and developments in Spain, Canada, Germany indicate a
willingness to enforce American punitive damages awards. However, on the other hand, some foreign
courts are still just as eager to strike down awards of punitive damages. Liptak?s article reports that recently the
Italian Supreme Court refused to enforce an American award that lumped together
compensatory damages with punitive damages. Since the American court did not designate how much was for the
compensatory damages, the Italian Supreme Court refused to enforce the entire
award.
Thus, while there may be a shifting
trend enforcing punitive damages, some foreign courts are still hesitant. Given this resistance, a practical
suggestion would be to request or petition the American court to designate the amount
awarded as compensatory damages and the amount awarded as punitive
damages. This practice would help
ensure that at least the compensatory damage award was enforced even if the
court refused to enforce the punitive amount.
Full post as published by International Asset Recovery Law Blog on March 31, 2008 (boomark / email).
Foreign Courts Wary of U.S. Punitive Damages
The New York Times reports that Italy?s Supreme Court has refused to enforce a U.S. punitive damage award, finding that ?a peculiarity of American law ? punitive damages ? was so offensive to Italian notions of justice that it would...
Foreign Courts Wary of Punitive Damages
The New York Times has an interesting story on Italians? view of punitive damages. Apparently they are "so offensive to Italian notions of justice" that Italy refuses to enforce judgements containing punitive damages...
Non-U.S. clients, non-U.S. courts--and punitive damages.
Many clients from Europe loathe and avoid U.S. courts, especially state courts. They prefer arbitration panels, even when arbitration itself threatens to be trial-like and lengthy...
Punitive Damages and American Exceptionalism:
The United States has a rather unique approach to punitive damages -- one that courts in other countries find alien, if not unconscionable. As the New York Times reports, foreign...
"Foreign Courts Wary of U.S. Punitive Damages"
"Foreign Courts Wary of U.S. Punitive Damages": Adam Liptak has this article today in The New York Times.
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Today we discuss punitive damages. But this post is not about your routine, garden variety, might I say even conservative $1 million or $5 million punitive damages award. Rather, this is about mega-punitive damages, as in Buell-Wilson v...
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