Sentences with phrase «foreign court»

The ease of recognition and enforcement of arbitration awards, compared to court judgments in foreign courts is often seen as one of the key advantages to arbitration.

I think there are many good reasons to cite, or not cite, foreign court decisions when interpreting a domestic constitution.

It is largely an enabling statute to protect Canadian interests against foreign courts and governments.

This condition will cause difficulties at both the local and foreign courts levels.

Ideas are not tangible goods — their possession is ambiguous and almost always decided in foreign courts.

In a nutshell, foreign court decisions are usually given full weight by French jurisdictions.

He has appeared as an expert witness before the Sudanese Courts on enforcement of foreign court judgments in England.

TianTong also represents clients to apply for recognition and enforcement by foreign courts of Chinese arbitral awards.

This means, for example, that injunctions, interim orders and other judgments obtained from foreign courts for specific performance, payment into court or a declaration / dismissal of a claim / counterclaim can be recognised but can not be enforced under English common law.

The Founders expressly referenced natural law in some of this nation's formative documents, and courts including the U.S. Supreme Court took the position that the common law was a form of natural law that was discovered, rather than invented by judges (hence validating free borrowing of its from foreign court rulings) until many decades after the constitution was adopted.

The Chief Justice also agreed with the finding in the Court of First Instance that the presence of assets within the DIFC was not a pre-condition to the enforcement of foreign court judgments within the DIFC.

Our barristers regularly appear as advocates before foreign courts and tribunals from first instance through to the higher Court such as the Privy Council; as well as appearing on all forms of ADR and provide expert evidence of law in foreign proceedings.

● An ASI from an arbitral tribunal will take longer to obtain than a court injunction, even if emergency procedures are invoked, and so may not prevent the issue of foreign court proceedings.

The courts of a Contracting State in which an aircraft object is situated shall, in accordance with the law of the Contracting State, co-operate to the maximum extent possible with foreign courts and foreign insolvency administrators in carrying out the provisions of Article XI.

The way now appears to be open to use the DIFC Court as a conduit court to enforce foreign court money judgments against assets in Dubai or elsewhere in the UAE.

If you travel often, you should consider additional liability protection as foreign court awards and fees may exceed what is typically necessary while in Canada.

I particularly recall his contribution to the panel discussion on the «Use of foreign court rulings» in Brussels Congress.

In reaching this decision, the Jersey Royal Court has demonstrated not only that it will take an innovative and pragmatic approach to ensure that freezing orders are effectively policed, but also that it will assist foreign courts in the enforcement of judgments by ordering judgment debtors within its jurisdiction to make disclosure of their worldwide assets.

By undermining this principle, these cases set a precedent that could be used to expose Americans to litigation in foreign courts over conduct occurring in the United States.

As a consequence of the DIFC Court's decision in DNB Bank ASA v (1) Gulf Eyadah Corporation (2) Gulf Navigation Holdings PJSC, we have been approached by several clients enquiring about enforcing money judgments obtained from foreign Courts through the DIFC Courts, in situations where the judgment debtor does not have assets within the DIFC but does have assets on mainland Dubai.

● Where the arbitral tribunal does not have the power to do so, or can not be constituted in good time, the English court can still grant an ASI in relation to competing foreign court proceedings outside the EU and EFTA.

In this year's decision of Wei v Mei the Judge also dealt with use of foreign court documents and decisions made by a Chinese tribunal.

A Canadian company probably should not store personal (e.g. healthcare) information about their clients on a server where it would be vulnerable to foreign courts without the approval of Canadian courts.

19th January 2015 Dispute Resolution, International foreign courts, insolvency, judgment enforcement, Privy council Posted by Gemma Newing

He found that the DIFC Courts had jurisdiction to recognise and / or execute foreign court judgments within the DIFC.

CCLA was particularly concerned that if Canadian courts can dictate what users around the world can access through the most popular search engine, then foreign courts, in turn, might also seek to dictate what Canadians can access — a troubling thought given Canada's role as an international leader in the realm of freedom of expression.

Here at the Supreme Court of Canada, we have had the pleasure of monitoring her articles for our current awareness service dealing with significant foreign court judgments.

These difficulties have arisen because certain foreign courts require that the awards be duly authenticated before allowing the awards to be enforced.

Yet, we expect more and more foreign courts will recognise and enforce Taiwan arbitral awards so that Taiwan can take a more active role in the global market.

The increased willingness of Caribbean courts to assist foreign courts reflects their cognizance of the global economy in which we now operate, and the particularly influential role these tax haven countries play in international finance.

Some countries split them between divorcing couples as a matter of course; others regard such requests from foreign courts coldly.

Certain countries, such as European Union members, enforce data and privacy protection laws, but if data goes to a country without such protections, U.S. citizens have no way to enforce their privacy rights, and it can be extremely difficult to access foreign courts or foreign law enforcement departments to file a complaint.

Arbitration award, however, is more likely to be recognised and enforced by foreign courts.

AKT also aims to ensure the protection of client's interests at utmost level during both domestic and foreign litigation process and in recognition and enforcement of foreign court decisions and arbitral awards.

The judgment confirmed that the DIFC Court has jurisdiction to enforce foreign court judgments, following the decision of the DIFC Court of Appeal decision in the DNB Bank ASA v Gulf Eyadah Corporation & another [2015] DIFC CA 007 which «dealt authoritatively» with the question of the DIFC Courts» jurisdiction in this area and unanimously rejecting arguments raised by the Defendant to the contrary.

● However, if there are competing foreign court proceedings, nothing in the decision or the Judgments Regulation prevents a London arbitration from being brought or continued.

The ECJ has decided previously that an English court can not grant an ASI restraining other court proceedings in the EU, as this is an indirect interference with foreign courts and contrary to the spirit and purpose of the Judgments Regulation.

We'll still hear a lot from and about the ITC in 2012 (complaints, hearings, recommendations and decisions), but I wouldn't be surprised if some major patent holders now adjusted their litigation strategies and deemphasized ITC complaints in favor of actions in United States district courts as well as foreign courts.

What is true regarding comity among Canadian provinces is generally true about judgments and orders of foreign courts.

If there are gaps in the parties» disclosure even after the provision of this information and documentation then other tools are available, including ordering the disclosure of documentation from third parties, requesting the information from foreign courts and joining third parties to the proceedings.

If we still have our laws determined by the European Court of Justice, then our parliament is no longer able to make all our laws, and the votes of the British peoples do not count because our laws are made and interpreted by a foreign court.

In another parallel, both Moses and Esther were Jews who rose to prominence in a foreign court and, unlike Joseph in Egypt, for example, both at first were secret Jews.

Scalia insists repeatedly that malleable judicial standards» reflected not only in the Court's appeals to evolving social norms, foreign courts, and living documents, but also, in some cases, in its reliance on authorial intent» give the Court carte blanche to impose its arbitrary will.

For example, a bill introduced into the legislature in September 2014 proposing state compensation for Russian citizens «unjustly» affected by the decisions of foreign courts was, although formally sponsored by Duma deputy Vladimir Ponevezhskii, actually drafted by lawyers from the State Legal Directorate — a unit within the Presidential Administration.

In the case of «unjust» foreign court decisions, this initiative was portrayed by some commentators as an attempt to protect the interests of Russia's economic elite at the expense of tax - paying citizens.