Sentences with phrase «at enforcement of foreign judgments»

I want to look in particular at van Breda, which deals at length with jurisdiction simpliciter and with forum non conveniens, with a discussion of real and substantial connection and a sideways glace at enforcement of foreign judgments (not yet at issue in this case, of course.)

Not exact matches

However, the proposition that the damages sought in the Canadian proceeding must relate directly to the commercial activity at issue raises a troublesome question: can the commercial activity exception properly apply to the enforcement of foreign judgments and arbitral awards?

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.

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.

Note, however, the issues highlighted below at question 2.7 d) in relation to the enforcement of foreign judgments given in default and against defendants that have not expressly submitted to the jurisdiction of the foreign court, which may affect the amenability of the enforcement action to summary judgment.

If proceedings are ongoing in an English court between the parties at the time when one of the parties seeks recognition or enforcement of a foreign judgment on the same issue (s), the English court is likely to stay the English proceedings until the judgment creditor's claim for recognition and enforcement has been determined.

Generally, at the stage of enforcement of foreign judgments or awards, it is possible that certain provisions of foreign law would be found ineffective, if they are found to be contrary to the Polish public policy clause or overriding mandatory principles.

Riesenfeld Symposium at Berkeley Law, «Lessons from Latin America: Case Studies in Enforcement of Foreign Judgments,» March 13, 2012

In his reasons, Gascon J. maintains a clear distinction between jurisdiction over hearing a dispute at first instance and jurisdiction over enforcement of a foreign judgment.