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

• Authors: Vanleenhove Cedric
• 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.

Keywords

EN

European Union; punitive damages; United States

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Polish Yearbook of International Law
• Year: 2015
• Volume: 35
• Pages: 235-264

Dates

published

2016-07-26

Contributors

author

Vanleenhove Cedric

• Transnational Law Center, Ghent University

Identifiers

DOI

10.7420/pyil2015i