                                 CODE OF VIRGINIA

STANDARDS FOR RECOGNITION OF FOREIGN-COUNTRY JUDGMENT (§ 8.01-465.13:3)

A. Except as otherwise provided in subsections B and C, a court of the
Commonwealth shall recognize a foreign-country judgment to which this chapter
applies.

B. A court of the Commonwealth 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; or

   3. The foreign court did not have jurisdiction over the subject matter.

C. A court of the Commonwealth need not recognize a foreign-country judgment if:

   1. The defendant in the proceeding in the foreign court did not receive notice
   of the proceeding in sufficient time to enable the defendant to defend;

   2. The judgment was obtained by fraud that deprived the losing party of an
   adequate opportunity to present its case;

   3. The judgment or the cause of action on which the judgment is based is
   repugnant to the public policy of the Commonwealth or of the United States;

   4. The judgment conflicts with another final and conclusive judgment;

   5. The proceeding in the foreign court was contrary to an agreement between
   the parties under which the dispute in question was to be determined otherwise
   than by proceedings in that foreign court;

   6. In the case of jurisdiction based only on personal service, the foreign
   court was a seriously inconvenient forum for the trial of the action;

   7. The judgment was rendered in circumstances that raise substantial doubt
   about the integrity of the rendering court with respect to the judgment; or

   8. The specific proceeding in the foreign court leading to the judgment was
   not compatible with the requirements of due process of law.

D. A party resisting recognition of a foreign-country judgment has the burden of
establishing that a ground for nonrecognition stated in subsection B or C
exists.

HISTORY: 2014, c. 462.