(1) Except as otherwise
provided in subsections (2) and (3) of this section, a court of
this state shall recognize a foreign-country judgment to which
this chapter applies.
(2) A court of this state may not recognize a
foreign-country judgment if:
(a) 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;
(b) The foreign court did not have personal jurisdiction
over the defendant; or
(c) The foreign court did not have jurisdiction over the
subject matter.
(3) A court of this state need not recognize a
foreign-country judgment if:
(a) 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;
(b) The judgment was obtained by fraud that deprived the
losing party of an adequate opportunity to present its case;
(c) The judgment or the cause of action on which the
judgment is based is repugnant to the public policy of this state
or of the United States;
(d) The judgment conflicts with another final and conclusive
judgment;
(e) 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;
(f) In the case of jurisdiction based only on personal
service, the foreign court was a seriously inconvenient forum for
the trial of the action;
(g) The judgment was rendered in circumstances that raise
substantial doubt about the integrity of the rendering court with
respect to the judgment; or
(h) The specific proceeding in the foreign court leading to
the judgment was not compatible with the requirements of due
process of law.
(4) A party resisting recognition of a foreign-country
judgment has the burden of establishing that a ground for
nonrecognition stated in subsection (2) or (3) of this section
exists.
[2009 c 363 § 4.]