Guam § 52104 - Standards for Recognition of Foreign-Country Judgment.

§ 52104. Standards for Recognition of Foreign-Country Judgment.

(a) Except as otherwise provided in Subsections (b) and (c), a court of

Guam shall recognize a foreign-country judgment to which this Chapter

applies.

(b) A court of Guam shall not recognize a foreign-country judgment if

any of the following apply:

(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;

(3) the foreign court did not have jurisdiction over the subject

matter.

(c) A court of Guam need not recognize a foreign-country judgment if

any of the following apply:

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(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 or claim for relief on

which the judgment is based is repugnant to the public policy of Guam

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;

(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 non-recognition stated in Subsection

(b) or (c) exists.