PL EN


2015 | 35 | 235-264
Article title

The Current European Perspective on the Exequatur of U.S. Punitive Damages: Opening the Gate But Keeping a Guard

Content
Title variants
Languages of publication
EN
Abstracts
EN
Global trade and intercontinental tourism are on the rise in today’s world. This, in turn, leads to more cross-border law suits. Inevitably, jurisdictions will be confronted with legal concepts that are unknown in the host forum. This contribution investigates whether, and to what extent, punitive damages judgments originating in the United States can be enforced against the assets of a defendant in a number of selected Member States of the EU. More specifically, the article explores the possibilities of enforcing American punitive damages judgments in five EU countries, namely Germany, Italy, Spain, France and England. This comparative analysis reveals that the case law in these selected countries is relatively divergent as to the stance adopted towards foreign punitive damages, resulting in different degrees of acceptance of this legal remedy.
Year
Volume
35
Pages
235-264
Physical description
Dates
published
2016-07-26
Contributors
  • Transnational Law Center, Ghent University
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-5eaaf90a-1690-4f04-b74a-40096a470572
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