This appears to be the first decision dealing with the recognition in the United States of a foreign judgment rendered against the government of a third country. At issue was the recognition of a default judgment rendered by the English High Court of Justice, Chancery Division, against the People’s Republic of the Congo (Congo). The facts leading to the English judgment were as follows. In 1984 the Congo issued to an English bank a promissory note in the amount of over $26 million corresponding to a Credit Facility Agreement (Credit Agreement) with the bank. At the same time, the National Union Fire Insurance Co. of Pittsburgh (NUFI) became the insurer of the Congo’s obligations under the note. When the Congo failed to make payment, NUFI paid in its stead and became subrogated to the rights of the lender.
