law-UFCMJRA
The Uniform Foreign Country Money-Judgment Recognition Act (“UFCMJRA") governs the recognition and
enforcement of foreign country judgments in Texas. See Tex. Civ. Prac. & Rem. Code Ann. §§ 36.001-.008
(Vernon 2008); The Courage Co., L.L.C. v. The Chemshare Corp., 93 S.W.3d 323, 330 (Tex. App.- Houston
[14th Dist.] 2002, no pet.); Reading & Bates Constr. Co. v. Baker Energy Res. Corp., 976 S.W.2d 702, 706
(Tex. App.- Houston [1st Dist.] 1998, pet. denied).
Texas will recognize a foreign country judgment under the UFCMJRA if four conditions are met: (1) the foreign
country judgment is final and conclusive and enforceable where rendered; (2) an authenticated copy of the
foreign country judgment is filed in the office of the clerk of a court in the county of residence (or in any other
court of competent jurisdiction allowed under the Texas venue laws) of the party against whom recognition is
sought; (3) notice of the filing of the foreign country judgment is given to the party against whom recognition is
sought; and (4) there are no grounds for refusing recognition under Texas Civil Practice and Remedies Code
section 36.005. Tex. Civ. Prac. & Rem. Code Ann. §§ 36.002, 36.004, 36.0041, 36.0042, 36.0044; Reading &
Bates Constr. Co., 976 S.W.2d at 706.
A party against whom recognition of a foreign country judgment is sought may contest recognition by filing a
motion for nonrecognition not later than the 30th day after the date of service of the notice of filing; if the party
is domiciled in a foreign country, the deadline is 60 days. Tex. Civ. Prac. & Rem. Code Ann. § 36.0044. When
recognition is not contested or a contest is overruled, a foreign country judgment is conclusive between the
parties to the extent that it grants recovery or denial of a sum of money. See Tex. Civ. Prac. & Rem. Code Ann.
§§ 36.001-.005; The Courage Co., 93 S.W.3d at 330; Dart v. Balaam, 953 S.W.2d 478, 479-80 (Tex. App.- Fort
Worth 1997, no pet.). The judgment is enforceable in Texas in the same manner as a judgment of a sister
state, which is entitled to full faith and credit. Tex. Civ. Prac. & Rem. Code Ann. § 36.004; The Courage Co., 93
S.W.3d at 330; Dart, 953 S.W.2d at 479-80.
Section 36.005 sets forth three mandatory and seven discretionary grounds for nonrecognition of a foreign
country judgment; these are the only defenses available. The Courage Co., 93 S.W.3d at 330.[1] Unless the
judgment debtor satisfies his burden of proof by establishing one or more grounds for nonrecognition, the
enforcing court must recognize the foreign country judgment. Id. at 331; Dart, 953 S.W.2d at 480. In limiting
the defenses that may be raised by a judgment debtor, the UFCMJRA creates standards for recognizing foreign
judgments and prevents parties from relitigating issues that were conclusively settled by courts of foreign
countries, unless such issues create an exception to recognition. Dart, 953 S.W.2d at 480. Beluga Chartering
B.V. v. Timber S.A. (Tex.App.- Houston [14th Dist.] Jul. 23, 2009) (Boyce)
((appeal from order denying special appearance, recognition of foreign judgments)
AFFIRMED: Opinion by Justice Boyce
Before Justices Anderson, Guzman and Boyce
14-08-00311-CV Beluga Chartering B.V. v. Timber S.A.,
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal