Sentences with phrase «as enforcing judgments»

Not exact matches

Even if Mexico could win the complaint, it can not enforce that judgment against any sovereign, especially the US, as so much of Mexico's export depends on the US.

«We appreciate the opportunity to meet with the Attorney General of the Federation and look forward to working with him as the government strives to enforce this very important judgment.

The judgment or decree will be enforced as any other judgment or decree.

a) Disputes filed - 18 months b) Inquiries - 2 years c) Payment profile -5 years d) Information related to a consumers payment behavior such as slow payer, defaulted or absconded - 1 year e) Information relating to the action that a credit provider has taken against a consumer to enforce a debt such as handed over, legal action or write - off - 2 years f) Debt restructuring - Until a clearance certificate is given g) Civil court judgments - 5 years or until the court removes it h) Administration orders (orders to put a consumer under administration)- 10 years or until the court removes it i) Sequestrations (order given by the court where the consumer is insolvent)- 10 years or until the court removes it j) Liquidations (order given by the court where the consumer is insolvent)- no time limit k) Court order removing a liquidation or sequestrations after all the debt was paid - 5 years l) Other information (information not covered above)- 2 years Other Useful Topics Learn how to dispute information on your credit report in South Africa.

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission to use spiders to copy materials from Humble Bundle for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense, to any other entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.

Canadian courts have so far enforced US judgments with damage awards far larger than the value of the transaction — though none (so far as I know) with a really astronomical jury - chosen punitive element.

However, on 5 December, the Court of Appeal led by Chief Justice Pereira JA agreed that a purposive interpretation of Part 7.3 (5)(b) should be deployed and that the provision should be read as granting permission to enforce any judgment or arbitral award made «by a foreign court or tribunal and amenable to be enforced at common law».

This ruling is not thermonuclear on its own, but in its aftermath, we will not only see a lot of wrangling over a judgment as a matter of law to overrule the jury and over injunctive relief but there will also be, even more importantly, a push by Apple to enforce many more design patents and utility (hardware and software) patents against Samsung.

It was also satisfied that the two agreements were prima facie required by ENRC in order properly to police the freezing order, and to enable it to enforce its judgment, although as described below it reached a pragmatic view as to how to deal with Zamin's arguments that the disclosure of the agreements would cause damage to Zamin's commercial interests.

In particular, this judgment from the jurisdiction's apex court has clarified definitively the limits of an enforcing Court's power to order security as a condition on the right to have a decision of a properly arguable challenge under the New York Convention 1958 and the English Arbitration Act 1996.

Finally Chief Justice Hwang noted that «From the perspective of the DIFC Courts, it is not wrong to use the DIFC Courts as a conduit jurisdiction to enforce a foreign judgment and then use the reciprocal mechanisms to execute against assets in another jurisdiction.»

So long as the foreign court properly exercised jurisdiction, an Alberta court will generally enforce that judgment or order.

The Courts in Ontario may in the required circumstances recognize and enforce Georgia equitable orders such as injunctions (not just money judgments).

However, it remains to be seen how the Execution Court will treat the DIFC judgment if the judgment debtor raises an argument that the DIFC Court has been used as a conduit to enforce a foreign judgment in Dubai without having had to go through the Dubai Courts.

But for the past 30 years, we've taken for granted that we can also offer the benefit of all these European instruments and that English judgments will be enforceable across the EU — and as soon as those are stripped back, one may need to consider the balance between the general reputation of English courts and English law and the fact that we may need to say to clients that it may potentially become harder to enforce your debt overseas in the EU.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

As such, the Court of Appeal overturned the motion judge's discretionary stay of proceedings, stating «the court should grant its assistance in enforcing an outstanding judgment, not raise barriers.»

As Brexit negotiations continue to be ever present in the headlines, it is a timely reminder for parties contemplating litigation or with concluded cases to consider the impact Brexit will have on enforcing judgments in the UK or abroad.

The Courts in Ontario may in the required circumstances recognize and enforce U.S. equitable orders such as injunctions (not just money judgments).

As such, the Court of Appeal upheld the motion judge's holding that an Ontario court has the jurisdiction to enforce the Ecuadorian judgment against Chevron and Chevron Canada.

To the extent that the government can use its coercive power to define elements of an offense, render a judgment against you (in civil court) and enforce it, as cpast observes, it is government action.

-- The willingness to recognize and enforce an extra-provincial judgment rendered on the same jurisdictional basis is as an overarching principle that disciplines the exercise of jurisdiction against extra-provincial defendants.

I think the decision is right, in that the grounds for taking jurisdiction to enforce a foreign judgment do not require the same connection with the requested court (ours) as would taking jurisdiction over the lawsuit itself.

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.

The Courts in Ontario may in the required circumstances recognize and enforce Missouri equitable orders such as injunctions (not just money judgments).

Among Mr. Born's recent significant litigation matters are representation of various European entities in the Holocaust Assets and Forced Labor litigations, representation of a major US petroleum company in defending against efforts to enforce purported foreign judgments in the United States and testimony as an expert witness in a number of proceedings in Swedish, English, US, Japanese and other courts.

The Courts in Ontario may in the required circumstances recognize and enforce Washington equitable orders such as injunctions (not just money judgments).

The Courts in Ontario may in the required circumstances recognize and enforce Ohio equitable orders such as injunctions (not just money judgments).

A successful litigant who has relied upon the Handbook as a route - map to judgment might justifiably feel let down at not being able to discover in a similarly practical and approachable manner how to enforce an award in the face of a recalcitrant employer.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

Notable mandates: Represented physicians involved in providing care to Ashley Smith during the 2013 coroner's inquest; acted for Ontario Premier Kathleen Wynne in a defamation action against Ontario Progressive Conservative party leader Tim Hudak and energy critic Lisa MacLeod; in Wise v. Iran, acted for a Canadian victim of a suicide bombing (executed by individuals who received material support from Iran) who sought leave to intervene in ongoing proceedings commenced by United States plaintiffs in the Ontario Superior Court of Justice seeking orders recognizing the enforceability in Ontario of judgments they obtained from a U.S. court against Iran totaling about $ 370 million; in Khadr v. Edmonton Institution, acted as lead counsel for an intervener, the Canadian Civil Liberties Association, to argue that in interpreting Omar Khadr's sentence for the purpose of enforcing it in Canada, Correctional Services Canada was obliged to consider Khadr's right to liberty and principles of fundamental justice; acted for a physician in a malpractice claim in Moore v. Getahun, a precedent - setting case about restrictions on communication between counsel and experts in preparation of expert reports.

This decision has been the subject of considerable discussion among arbitration practitioners: as was discussed several months ago on Slaw, the case raises a number of difficult questions about how international arbitration and Canada's treaty obligations in that respect interact with local procedural law — specifically limitation of actions — when seeking to enforce the award, and more generally whether foreign judgments and arbitral awards should continue to be treated, for limitations purposes, as mere contract debts.

Their judgments can be enforced internationally through treaties such as the GCC Protocol and Riyadh Convention; treaties with China and France; and arrangements with many common law courts overseas, including the Commercial Court of England and Wales, the United States District Court for the Southern District of New York, the Federal Court of Australia, the New South Wales Supreme Court, the Supreme Court of Korea, the High Court of Kenya (Commercial and Admiralty Division), and the Supreme Court of the Republic of Kazakhstan.

No steps to enforce the judgment may be taken before the appeal period is over or as long as the terms of the judgment are being complied with.

Supreme Court Family Rule 2 - 1.2 provides that an arbitration award in a family law proceeding may be filed in the court registry and s. 29 of the Arbitration Act, provides that an arbitration award may be enforced in the same manner as a judgment or order of the Court.

The Ontario Court of Appeal recently released its endorsement in Alfred Wegener Institute v. ALCI Aviation Ltd., 2014 ONCA 398, upholding an order from the application judge that a German arbitral award be recognized and enforced in Ontario as if it were a judgment or order of the Ontario Superior Court of Justice.

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.

He went on to say that «in our view, an application... for leave to enforce an award as a judgment is... one aspect of its recognition and as such is the final stage in rendering the arbitral procedure effective.

Hugh Mercer QC appeared as counsel for the Ministry of Justice on the issue of whether the Supreme Court had jurisdiction to hear an appeal against a refusal to enforce a Romanian judgment under the Brussels II Revised Regulation.

This is because the consensual nature of arbitration is often seen as key to its enforceability and, without consent, some jurisdictions will consider that a party has been «forced» to arbitrate and will therefore not enforce judgment against that party in that jurisdiction.

She will explain how an analysis of the circumstances and timeline of the signing of the prenuptial agreement may preclude courts from making a pretrial ruling on summary judgment as to whether a prenuptial agreement should be enforced or set aside.

The Courts in Ontario may in the required circumstances recognize and enforce North Carolina equitable orders such as injunctions (not just money judgments).

In light of this interpretation of the State Immunity Act 1978, enforcing judgments against a State which has not expressly waived immunity in relation to enforcement proceedings is made particularly difficult as there is little ammunition available to the judgment creditor seeking to defeat a sovereign immunity defence.

The test for whether the Court of Ontario will recognize and enforce a U.S. judgment is as follows: did the U.S. Court have jurisdiction, in accordance with the principles of private international law as applied by Canadian courts?

Filed CRT orders can be enforced the same way as Provincial Court judgments.

For example, a judgment in rem against an asset outside of England and Wales can not be enforced for the reason that the assets fall outside of the jurisdiction of the English court; however, a party may seek recognition of that judgment for several reasons, such as defending claims within England or relying on the findings of the foreign judgment in other proceedings (res judicata).

This is because proceedings commenced in England by a judgment creditor for the purpose of enforcing a foreign judgment against a State do not qualify as «proceedings relating to a commercial transaction for the purposes of s. 3 (1) of the State Immunity Act 1978».

As noted above, in order for a foreign judgment to be recognised and enforced at common law, it must be final, binding and conclusive.

When a foreign judgment applies the Taiwanese laws, the court will recognise and enforce it except in certain situations as provided under Article 402 of the Taiwan Code of Civil Procedure.

Specifically, the question was whether a claim to enforce a foreign judgment is a claim to «enforce an order of a court or any other order that may be enforced in the same way as an order of a court» (under section 16 (1)(b)-RRB-.