State of Netherlands v. MD Helicopters, Inc.Annotate this Case
The Supreme Court held that court-authorized procedures recognizing foreign country money judgments in a manner similar to Arizona's version of the Uniform Foreign-Country Money Judgments Recognition Act, Ariz. Rev. Stat. 12-3251 to -3254, can satisfy the Act's reciprocity requirement.
The Act authorizes courts to recognize judgments originating from a foreign country with a "reciprocal law" that is "similar" to the Act. At issue before the Supreme Court was whether reciprocity requires a legislative act or if court decisions authorizing such procedures can be recognized. The superior court in this case recognized the judgment under the Act and permitted its enforcement in Arizona. In affirming, the court of appeals rejected the argument that the Act did not apply because the Netherlands did not have a reciprocal, similar legislative act, concluding that the Netherlands' legislatively enabled code of civil procedure, along with court decisions applying it, satisfied the reciprocity requirement. The Supreme Court affirmed, holding that a foreign country's formally recognized and enforced rule that authorizes recognition of Arizona money judgments can be established by a foreign country's caselaw.