Testimony of John Bellinger Before the House Judiciary Subcommittee Hearing on "Recognition and Enforcement of Foreign Judgments"

On November 15, 2011, John B. Bellinger, III, Partner at Arnold & Porter LLP and Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations, testified on behalf of the U.S. Chamber of Commerce and the U.S. Chamber Institute for Legal Reform before the U.S. House of Representatives Judiciary Subcommittee on Courts, Commercial and Administrative Law hearing on "Recognition and Enforcement of Foreign Judgments."

INTRODUCTION

Mr. Chairman, Ranking Member Cohen, thank you for inviting me to appear before the Subcommittee today to address the topic of recognition and enforcement of foreign judgments. My testimony today is limited to that subject matter and not on other issues, such as the jurisdiction of U.S. courts to hear original cases against foreign defendants.

I am partner in the international and national security law practices of Arnold & Porter LLP, where, among other things, I advise U.S. and foreign companies on issues in litigation around the world, including the challenges many have faced in dealing with judgments reached overseas and sought to be enforced in the United States. I am also an Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations. I previously served as The Legal Adviser for the Department of State from 2005 to 2009 and before that as Senior Associate Counsel to the President and Legal Adviser to the National Security Council from 2001 to 2005. Particularly in my role as State Department Legal Adviser, I heard frequently from the business community and from governments around the world about the importance they placed on consistency, predictability, and fairness in connection with transnational recognition and enforcement of judgments.

Today, I am pleased to be testifying on behalf of the U.S. Chamber Institute for Legal Reform and the U.S. Chamber of Commerce. The U.S. Chamber Institute for Legal Reform (ILR) is an affiliate of the U.S. Chamber of Commerce dedicated to making our nation’s legal system simpler, fairer, and faster for everyone. Founded by the Chamber in 1998 to address the country’s litigation explosion, ILR is the only national legal reform advocate to approach reform comprehensively, by working to improve not only the law, but also the legal climate. The U.S. Chamber of Commerce is the world’s largest business federation, representing the interests of more than three million businesses and organizations of every size, sector and region. Although I am testifying on behalf of the ILR and the U.S. Chamber, the views I am expressing today are my own.

Coincidentally, I spent my last full day in office as Legal Adviser, on January 19, 2009, in The Hague addressing the very issues that are the subject of today’s hearing. I was in The Hague to represent the United States before the International Court of Justice, and while I was there I was able to sign the 2005 Convention on Choice of Court Agreements, a treaty specifically designed to advance the business community’s need for certainty and predictability in the area of recognition and enforcement of judgments. This Convention was the result of many years of international negotiations during both Democratic and Republican Administrations, and I was pleased to be able to sign it on behalf of our country as one of my last official acts. I will address the Convention in more detail later in my testimony.