His international disputes practice focuses on cases involving one or more foreign companies, persons, or governments, as well as disputes involving other interests of foreign countries, such
as enforcement of foreign judgments or arbitral awards, international discovery, and service of process abroad.
Not exact matches
When disputes do arise, companies then have to invest further resources to navigate unfamiliar
foreign legal systems, often having to rely on unfamiliar
foreign counsel,
as well
as bearing the additional risks that accompany the cross-border
enforcement of judgments.
The answer to this question is not a simple matter
of translation, but,
as we explain, requires a broader look at French law to understand the nature
of the astreinte remedy in this case, in conjunction with an analysis
of California law regarding the
enforcement of foreign judgments.
He has particular experience in the fields
of jurisdiction,
enforcement of judgments, conflict
of laws and international judicial cooperation, and also serves
as an expert witness on aspects
of US private international law in
foreign proceedings.
Dr. Ajibade has been involved in all aspects
of corporate and commercial dispute resolution in Nigeria, and has expertise in litigation involving the recognition and
enforcement of foreign judgments, banking law, intra-company shareholder disputes,
as well
as insolvency and insurance litigation.
The challenges are the same
as the ones raised on a regular basis, i.e. applicability
of foreign law
as governing law;
enforcement and implementation
of contracts
as well
as the
enforcement of arbitration awards or
foreign judgments.
Based on the factums submitted to the SCC, the appellant (Yugraneft) is arguing that international arbitral awards should be considered, at least for
enforcement purposes, equivalent to
foreign judgments, and,
as such, should benefit from the 10 - year limitation period under s. 11
of the Alberta Limitations Act.
Both countries enforce awards
as they do court
judgments, while non-compliance can be tackled through the courts, which so far has been largely supportive
of arbitration and the
enforcement of foreign awards.
From laws and regulations to international conventions and bilateral treaties that govern the recognition and
enforcement of foreign judgments in Romania, competent courts and distinction between recognition and
enforcement,
as well
as conditions for recognition and
enforcement, opposition and related procedures and timeframes, the guide provides a complete picture and constitutes a very useful material for any interested party.
The UK Supreme Court decision in NML Capital Ltd v Republic
of Argentina -LRB-[2011] UKSC 31) confirms that a State is able to raise sovereign immunity
as a defence in respect
of enforcement proceedings
of foreign judgments and awards, even if the underlying proceedings relate to commercial transactions unless the State has expressly waived sovereign immunity
as a defence to
enforcement (
as it had on the facts
of that case).
Once a
foreign judgment has been registered in England, that
judgment,
as from the date
of registration, has the same force and effect
as an English
judgment and
enforcement proceedings can be brought in respect
of it
as if it was a
judgment originally obtained in England.
English law recognises sovereign immunity
as a valid defence to the
enforcement of a
foreign judgment against a State.
Pursuant to section 25
of the Civil Jurisdiction and
Judgments Act 1982, the English court can also grant provisional / interim measures such as freezing injunctions in support of enforcement of foreign judgments pending enforcement proceedings in
Judgments Act 1982, the English court can also grant provisional / interim measures such
as freezing injunctions in support
of enforcement of foreign judgments pending enforcement proceedings in
judgments pending
enforcement proceedings in England.
He has a wide range
of experience in all key aspects
of international arbitration and litigation, including
enforcement of foreign arbitral awards and state court
judgments in Russia and abroad
as well
as obtaining interim measures from Russian courts in support
of foreign proceedings.
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.
The recognition and
enforcement of foreign judgments is typically something determined by local law
as well
as international comity and reciprocity.
We can assist your local counsel in your local litigation with matters including, valid service on the Defendant located in Ontario, examination and other court proceedings for the collection
of evidence in Ontario (in - coming letters
of request or letters rogatory), opinions on the laws
of Ontario and Canada,
as may be required, and the
enforcement of a
foreign judgment in Ontario.
She mentions (
as has this blog), that China is actively participating in negotiations on the Hague Convention on the Recognition &
Enforcement of Foreign Judgments, and is studying ratification
of the Hague Convention on the Choice
of Courts Agreements.
She flags also (
as has this blog) that the SPC is drafting a judicial interpretation on the recognition and
enforcement of foreign civil & commercial
judgments.
He has served
as arbitrator, counsel, and expert witness in commercial and investor - state disputes under the ICC, ICSID, UNCITRAL, and VIAC rules, and has litigated complex transnational matters in the U.S. courts, including actions involving the
enforcement of foreign law and
foreign judgments.
Specific topics covered include transnational jurisdiction, international forum selection, transborder choice
of law, extraterritorial application
of U.S. law, federal rules for service
of process and discovery
of evidence abroad, the special treatment
of foreign governments
as parties, and recognition and
enforcement of foreign judgments.