Borgers

MEMORANDUM *

The serious questions in this case have already been answered by our en banc decision in Richards v. Lloyd’s of London.

Whether the English judgments are enforceable is a question of Arizona law, 2 and under the Restatement (Third) of Foreign Relations, 3 followed by Arizona, 4 the English judgments are properly enforceable. The contractual selection of England as the forum for resolving disputes is valid, and differences in English and United States laws do not violate the public policy embodied in federal and state securities laws. 5 The controlling Arizona law conditions the conclusiveness of a foreign judgment on whether it was “rendered under a system that does not provide impartial tribunals or procedures compatible with due process of law,” 6 and “English procedure *960 comports with our standards of due process.” 7 The English judgments are not repugnant to Arizona public policy. 8 Thus neither of the exceptions to enforcement of foreign judgments that the defendants raise here apply, and the judgments satisfy the requirements of Arizona law for purposes of recognition and enforcement. 9 Our sister circuits have reached the same conclusions in materially…