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Practice

Cross-Border Litigation and Foreign Judgment Enforcement

Representation in disputes connecting California and foreign jurisdictions, with particular experience in matters between the United States and Asia.

Business disputes increasingly cross national borders. A judgment may be entered overseas while the defendant or assets are located in California. A foreign arbitration may result in an award that must be confirmed and enforced in the United States. Litigation pending abroad may also affect property, companies, or business interests located in California.

Elpis Law represents businesses and individuals in cross-border disputes involving California and foreign jurisdictions, with particular experience in matters connecting the United States and Asia.

Our cross-border litigation practice includes disputes involving foreign judgments, international arbitration awards, jurisdiction, service of process, parallel proceedings, and the enforcement of rights against California-based parties or assets.

How We Approach Cross-Border Disputes

Cross-border disputes require a coordinated strategy, not only a correct legal position.

Cross-border litigation often involves more than determining which party is legally correct. The practical questions may include where a claim should be filed, whether a foreign judgment or award can be recognized, where assets are located, whether California courts have jurisdiction, and how proceedings in different countries affect one another.

Elpis Law works with clients and, where appropriate, foreign counsel to develop a coordinated strategy focused on the California and U.S. aspects of cross-border disputes.

Recognition and Enforcement

Foreign Judgment Recognition and Enforcement

A judgment entered by a foreign court is not automatically enforceable in California.

California’s Uniform Foreign-Country Money Judgments Recognition Act provides a framework for determining when qualifying foreign money judgments may be recognized. Recognition can involve issues concerning finality, due process, jurisdiction, notice, fraud, public policy, and the integrity of the foreign proceeding.

We represent parties seeking recognition and enforcement of foreign judgments in California, as well as parties challenging recognition when statutory grounds for nonrecognition may exist.

  • Recognition of qualifying foreign money judgments
  • Challenges based on statutory grounds for nonrecognition
  • Jurisdiction, notice, and due-process objections
  • Fraud and public-policy defenses
  • Post-recognition enforcement against California assets
New York Convention and the FAA

International Arbitration Awards

International business agreements frequently require disputes to be resolved through arbitration rather than court litigation.

When an arbitration conducted outside the United States results in an award, enforcement in California may involve the Federal Arbitration Act, the New York Convention, federal jurisdiction, service of process, and defenses to recognition or enforcement.

We assist clients with proceedings involving the confirmation, enforcement, and defense of foreign arbitral awards, including matters involving parties or assets located in California.

  • Confirmation of foreign arbitral awards
  • Enforcement against California parties and assets
  • Federal jurisdiction and removal questions
  • Personal jurisdiction and service of process
  • Defenses to recognition under the Convention
Coordinating Multiple Forums

Parallel U.S. and Foreign Proceedings

Cross-border disputes sometimes proceed simultaneously in more than one country.

A lawsuit, divorce, corporate dispute, insolvency proceeding, or other litigation abroad may affect assets or legal rights in California. Conversely, California litigation may involve evidence, witnesses, contracts, entities, or property located overseas.

These cases can raise questions involving jurisdiction, forum selection, stays, discovery, recognition of foreign orders or judgments, and the relationship between proceedings in different countries.

  • Forum selection and jurisdictional challenges
  • Stays pending foreign proceedings
  • Cross-border discovery and evidence
  • Effect of foreign orders on California matters
  • Coordination with foreign counsel
Enforcement and Creditor Remedies

California Assets and Foreign Parties

A dispute that begins overseas can become a California enforcement matter when a defendant, business, bank account, real property, ownership interest, or other asset is located here.

Our litigation practice includes disputes concerning California assets and business interests connected to foreign parties or proceedings, including judgment enforcement, creditor remedies, real estate, ownership disputes, and related provisional or post-judgment remedies.

  • Judgment enforcement against California assets
  • Prejudgment attachment where the statute permits
  • Real property and ownership disputes
  • Fraudulent transfer and successor liability claims
  • Post-judgment examinations and levies

Speak with counsel about your matter.

Tell us what happened, what is at stake, and what you need to accomplish. A member of our legal team will respond promptly. Initial communications are treated as confidential, but no attorney‑client relationship is formed until confirmed in writing.

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