* Uniform Foreign-Money Claims Act, H.R.S. Chapter 658B (enacted 1990)

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1 Hawai'i Has Enacted: * Uniform Foreign Money-.Tudgments Money-Judgments Recognition Act, H.R.S. Chapter 658C (enacted 1996) * Uniform Foreign-Money Claims Act, H.R.S. Chapter 658B (enacted 1990) * As early as 1970, Japanese courts recognized that sufficient reciprocity existed with Hawai'i. P.F. Collier, Inc. v. Gate, Hanrei Jiho No. 625, 66 (Tokyo District Court, Oct. 24, 1970).

2 U IFO FO EIG [CH MO TER 65 C] EY-JUDG GMiNTS E ECOG G ITIO ACT HAI~IR65 C) SECTION 658C-1 SHORT TITLE 658C-2 DERNITIONS DEFINITIONS 658C-3 ApPLICABILITY APPLICABILITY 658C-4 RECoGNITION R AND ENFORCEMENT 658C-5 GROUNDS FOR NON-RECOGNITION 658C-6 PERSONAL JURISDICTION JURISDlcnON 658C-7 STAY IN CASE OF APPEAL 658C-8 SEVERABILITY 658C-9 UNIFORMITY ITY OF INTERPRETATION Cross References Uniform enforcemeni enforcemeni of foreign judgments act, act. see chapter chapler 636C. [ 658C-IJ [ 658C-1J Short 8lnIOrt title. This chapter may be cited as the Uniform Foreign Money-judgments Recognition Act. [L 1996, c 49, pt of I] [ 658C-2] Definitions. As used in this chapter: " Foreign judgment" means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters. " Foreign state" means any governmental unit other than the United States, or any stale, state. district, commonwealth, territory, or insular possession thereof. thereol [L 1996, c 49, pt of I] [ 658C-3] Applicability. This chapter shall apply to any foreign judgment that is final. conclu ve. 've, and enforceable where rendered eyen exen though an appeal aqd.!!il1 therefrom is pending or is subject to a eal. ea!. [L 1996, c 49, pt of l] I] [ 658C-4] Recognition and enforcement. (a) Except as provided in section 658C-5, a foreign Ludgment i udgm~ meeting the requirements of section 658C-3 sball shall be conclu ~ 'ive between the parties to the extent that it grants or denies recovery of a sum of money. A copy of any foreign judgment may be filed in the office of the clerk of an appropriate court of this State. The foreign judtlment judgment shall be enforceable in the same manner as t.'u "ment of a sister-state that is ts entitled to full faith an a c d ~t. 't. (b) At tbe the time of the Ing tng of the foreign judgment, the judgment creditor or the Judgment jud creditor's s attorney shall: : (I( I) ) Make and file witb with the clerk of the court an affidavit setting forth fortb tbe the name and last known post office address given; (2) Mail notice of tbe the filing ing to the judgment debtor at the address given: and (3) Make lake note of tbe the mailing in tbe the docket. 84

3 FOREIGN MONEY-JUDGMENTS RECOGNITION ACT 658C-6 The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. The failure by the clerk to mail notice of filing shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. [L 1996, c 49, pt of I] [ 658C-5] [ 658C-S] Grounds ~nds for non-reeo non-rec ni i. n. p. (a) A foreign judgment shall not be conclusive if: (I) The "judgment was rendered under a ~ system stem that does not Jlrovide_ provide im- irp Rartial tribunals or procedures compatible alible with the requirements ufrements of or due du!! process of 0 law; (2) Theforeign foreign court did not have persoqal 'urisd'ct"on jurisdictiop oyertbe defendant; defe9dant; or (3) The foreign court did not have jurisdiction oyer 'be tbe subject-matter. snqiect (b) A foreign judgment need not be recognized if: (I) The defendant in the proceedings in the foreign court did not receive ~$! ~.e of the proceedings in sufficient time to enable the defendant to defend; (2) The judgment was obtained by fraup; (3) The cause r of action on which the judgment is based is repugnant to the ffiblic bblie C ~ olicy of this i~ S!\l!!:; SJat ; (4) e JU gment grnent conflicts conflicts WI with nnmber final and conclusive ' judgmedt; (5) The proceedings in the foreign court was contrary to an. agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or (6) In the case of jurisdiction based only on personal service, service. the foreign court was a seriously inconvenient forum for the trial of the action. [L , c 49, 49. pt pi of I] [ 658C-6] Personal 'ur' 'uri.. n. (a) The foreign judgment shall not be refused recognition for lack of personal jurisdiction if: ( I) The defendant was served personally in the foreign state: (2) The defendant voluntarily appeared in the proceedings. other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over the defendant: defendant; (3) The defendant prior to the commencement of the proceedings had agreed to submit to the jurisdiction iction of the foreign court with respect to the subject matter mailer involved: (4) The defendant defendam was domiciled in the foreign Slate state when the proceedings were instituted. or. being a body corporate had its principal place of business. was incorporated. or had otherwise acquired corporate status. in tbe the foreign state: (S (5 ) The defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state: or (66 ) The defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of that operat ion. ( bl 11 1 The courts <.:ourts of this s State may recognize other [bases I of jurisdiction. iction. IL 19%. l'l%. c <.: '+9 '+LJ. pt "I'" f * ~ I I

4 Japan - Article 200, Code of Civil Procedure (based on the German Code) A foreign judgment which has become final and binding shall be valid only upon the fulfillment of the following conditions: 1. the jurisdiction of the foreign court is not disallowed by laws and orders or by treaty; 2. in cases where the defeated defendant is a Japanese citizen, such party has received service of summons or any other necessary orders to commence procedure in a manner other than b by. notice of publication or has responded in the action without receiving service thereof; 3. the judgment of the foreign court is not contrary to the public order or morals of Japan; and 4. there is mutual guarantee (regarding the recognition of judgments). [Emphasis added.] Japanese courts will not reexamine the merits of the case, but will dismiss if the judgment has been settled or paid.

5 PersonallurisdictionINotice Jurisdiction/Notice Service should comply with the Convention on Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters (Hague Service Convention) Direct mail service is not sufficient.

6 Korea * Judgment must befinal. * Korean courts will not question jurisdiction. * Korean nationals must receive proper service of process to obtain personal jurisdiction. * Korea is not a party to the 1965 Hague Service Convention, but complying with that Convention provides adequate service. * U.S. judgment must comply with Korean public policy -punitive damages would not be allowed and gambling debts will not be enforced. * Reciprocity requirement.

7 Hawaj'j Has Enacted: * UniJorm Foreign Mone~-.Tudgments Recognition Act, H.R.S. Chapter 658C (enacted 1996) * Uniform Foreign-Mone~ Claims Act, H.R.S. Chapter 658B (enacted 1990) * As early as 1970, Japanese courts recognized that sufficient reciprocity existed with Hawai'i. P.F. Collier, Inc. v. Gate, Hanrei Jiho No. 625, 66 (Tokyo District Court, Oct. 24, 1970).

8 [CHAPTER 658C] UNIFORM FOREIGN MONEY-JUDGMENTS RECOGNITION ACT SECI10N 658C-l S.HORT TITLE 658C-2 DEFINmONS 658C-3 APPLICABILITY 658C-4 RECOGNmON AND ENFORCEMENT 658C-5 GROUNDS FOR NON-RECOGNITION 658C-6 PERsONAL JURISDICI10N 658C-7 STAY IN CASE OF APPEAL 658C-8 SEVERABILITY 658C-9 UNIFORMITY OF INTERPRET AnON Cross References Unifonn enforcement of foreign judgments act, see chapter 636C. [ 658C-l] Short title. This chapter may be cited as the Unifonn Foreign Money-Judgments Recognition Act. [L 1996, c 49, pt of 1] [ 658C-2] Definitions. As used in this chapter: "Foreign judgment" means any judgment of a foreign state granting or denying recovery of a sum of money, other than a judgment for taxes, a fine or other penalty, or a judgment for support in matrimonial or family matters. "Foreign state" means any governmental unit other than the United States, or any state, district, commonwealth, territory, or insular possession thereof. [L 1996, c 49,ptof l] [ 658C-3] Applicability. This chapter shall apply to any foreign judgment that is final, conclusive, and enforceable where rendered even though an appeal therefrom is pending or is subject to appeal. [L 1996, c 49, pt of I] [ 658C-4] Recognition and enforcement. (a) Except as provided in section 658C-5, a foreign judgment meeting the requirements of section 658C-3 shall be conclusive between the parties to the extent that it grants or denies recovery of a sum of money. A copy of any foreign judgment may be filed in the office of the clerk of an appropriate court of this State. The foreign judgment shall be enforceable in the same manner as the judgment of a sister-state that is entitled to full faith and credit. (b) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's attorney shall: ( I ) Make and file with the clerk of the court an affidavit setting forth the name and last known post office address given; (2) Mail notice of the filing to the judgment debtor at the address given: and (3) Make note of the mailing in the docket. 84

9 FOREIGN MONEY-JUDGMENTS RECOGNmON ACT 6S8C-6 The notice shall include the name and post office address of the judgment creditor and the judgment creditor's attorney, if any, in this State. In addition, the judgment credi~or may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. The failure by the clerk to mail notice of filing shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. [L 1996, c 49, pt of 1] [ 6S8C-S] Grounds for non-recognition. (a) A foreign judgment shall not be conclusive if:. (1) The judgment was rendered under a system that does not provide impartial tribunals or procedures compatible with the requirements of due process of hlw;. (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. (b) A foreign judgment need not be recognized if: (1) 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; (2) The judgment was obtained by fraud; (3) The cause of action on which the judgment is based is repugnant to the public policy of this State; (4) The judgment conflicts with another final and conclusive judgment; (5) The proceedings in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be settled otherwise than by proceedings in that court; or (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. [L 1996, c 49, pt of 1] [ 658C-6] Personal jurisdiction. (a) The foreign judgment shall not be refused recognition for lack of personal jurisdiction if: ( I ) The defendant was served personally in the foreign state; (2) The defendant voluntarily appeared in the proceedings, other than for the purpose of protecting property seized or threatened with seizure in the proceedings or of contesting the jurisdiction of the court over the defendant; (3) The defendant prior to the commencement of the proceedings had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved; (4) The defendant was domiciled in the foreign state when the proceedings were instituted, or, being a body corporate had its principal place of business, was incorporated, or had otherwise acquired corporate status. in the foreign state; (5) The defendant had a business office in the foreign state and the proceedings in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign state: or (6) The defendant operated a motor vehicle or airplane in the foreign state and the proceedings involved a cause of action arising out of that operation. (b) The courts of this State may recognize other [bases] of jurisdiction. [L L ~9. pt of II

10 .Japan - Article 200, Code of Civil Procedure (based on the German Code) A foreign judgment which has become final and binding shall be valid only upon the fulfillment of the following conditions: 1. the jurisdiction of the foreign court is not disallowed by laws and orders or by treaty; 2. in cases where the defeated defendant is a Japanese citizen, such party has received service of summons or any other necessary orders to commence procedure in a manner other than by notice of publication or has responded in the action without receiving service thereof; 3. the judgment of the foreign court is not contrary to the public order or morals of Japan; and 4. there is mutual guarantee (regarding the recognition of judgments). [Emphasis added.] Japanese courts will not reexamine the merits of the case, but will dismiss if the judgment has been settled or paid.

11 Personal.IurisdictionIN otice Service should comply with the Convention on Service Abroad of Iudicial and Extra Judicial Documents in Civil or Commercial Matters (Hague Service Convention) Direct mail service is not sufficient.

12 Korea * Judgment must befinal. * Korean courts will not question jurisdiction. * Korean nationals must receive proper service of process to obtain personal jurisdiction. * Korea is not a party to the 1965 Hague Service Convention, but complying with that Convention provides adequate service. * U.S. judgment must comply with Korean public policy -punitive damages would not be allowed and gambling debts will not be enforced. * Reciprocity requirement.