Lawyers from our dispute resolution and litigation practice have drafted these Q&A s, which give a structured overview of key practical issues
concerning enforcement of judgments and arbitral awards in our four jurisdictions.
Not exact matches
Caroline is instructed in a wide range
of commercial and chancery disputes including: general contractual disputes; civil fraud; breach
of directors» duties; shareholder disputes; derivative claims; jurisdiction issues; applications under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance;
enforcement of foreign
judgments; mortgage fraud and claims
concerning undue influence.
Unlike this action for
enforcement of a foreign
judgment, Van Breda
concerned a court's jurisdiction to adjudicate a tort dispute on its merits where some
of the events had taken place outside the territorial jurisdiction
of the court.
[82]... in an age
of global commerce, one should take care to ensure that Ontario's common law does not end up taking a more restrictive approach to the recognition and
enforcement of foreign
judgments than found in its statutes
concerning the recognition and
enforcement of foreign arbitral awards.
Judgments obtained in Australia for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign j
Judgments obtained in Australia for the payment
of money may be recognized and enforced in Ontario by a common law action on the
judgment, if in accordance with the common laws
of Ontario (and Canada, if applicable)
concerning the recognition and
enforcement of foreign
judgmentsjudgments.
Judgments obtained in Netherlands for the payment of money may be recognized and enforced in Ontario by a common law action on the judgment, if in accordance with the common laws of Ontario (and Canada, if applicable) concerning the recognition and enforcement of foreign j
Judgments obtained in Netherlands for the payment
of money may be recognized and enforced in Ontario by a common law action on the
judgment, if in accordance with the common laws
of Ontario (and Canada, if applicable)
concerning the recognition and
enforcement of foreign
judgmentsjudgments.
Finally, para 4
of recital 12 states that the Regulation should not apply to any action or ancillary proceedings relating to (in particular) the establishment
of an arbitral tribunal, the powers
of arbitrators, the conduct
of an arbitration procedure or any other aspects
of such a procedure, nor to any action or
judgment concerning the annulment, review, appeal, recognition or
enforcement of an arbitral award.
«I welcome enquiries
concerning large, complex litigation and arbitration, entirely within Ontario or having a cross-border dimension, and referrals from lawyers and attorneys in Ontario, other provinces, US and other foreign jurisdictions, regarding business disputes and commercial litigation, fraud litigation and recovery, real estate litigation, urgent equitable remedies, including injunctions and the
enforcement of Ontario, US and other foreign
judgments and arbitration awards in Ontario.»
The Claimants and the DIFC Court are
concerned only with the issue
of service
of the KRG and the application
of the Riyadh Convention to that issue, not with the issue
of enforcement per se in Iraq, whether
of the Award or any DIFC
judgment.
If you have any
concerns or issues regarding debt collection or the
enforcement of judgments or arbitration awards, please contact our office to arrange for an initial consultation.
The Supreme Court's decision is the latest in a series
of important appellate
judgments arising out
of the long - running dispute
concerning the
enforcement of a Nigerian arbitral award between NNPC, the Nigerian state - owned oil company, and IPCO.
Declarations by Sweden and Finland pursuant to Article 59 (2)(a)
of the Council Regulation
concerning jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and matters
of parental responsibility, repealing Regulation (EC) No 1347/2000.
concerning jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and the matters
of parental responsibility, repealing Regulation (EC) No 1347/2000
The present case
concerned the rules on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters.
(12) Council Regulation (EC) No 2201/2003
of 27 November 2003
concerning jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and the matters
of parental responsibility, repealing Regulation (EC) No 1347/2000.
Measures relating to the child's property which do not
concern the protection
of the child should continue to be governed by Council Regulation (EC) No 44/2001
of22 December 2000 on jurisdiction and the recognition and
enforcement of judgments in civil and commercial matters (7).
Where the request for assistance
concerns the recognition or
enforcement of a
judgment on parental responsibility that falls within the scope
of this Regulation, the holder
of parental responsibility shall attach the relevant certificates provided for in Articles 39, 41 (1) or 42 (1).
as
concerns the recognition and
enforcement of a
judgment given in a court
of a Member State on the territory
of another Member State, even if the child
concerned has his or her habitual residence on the territory
of a third State which is a contracting Party to the said Convention.
Pursuant to Article 59 (2)(a)
of the Council Regulation
concerning jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and matters
of parental responsibility, repealing Regulation (EC) No 1347/2000, Sweden hereby declares that the Convention
of 6 February 1931 between Denmark, Finland, Iceland, Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship, together with the Final Protocol thereto, will apply in full in relations between Sweden and Finland, in place
of the rules
of the Regulation.
Pursuant to Article 59 (2)(a)
of the Council Regulation
concerning jurisdiction and the recognition and
enforcement of judgments in matrimonial matters and matters
of parental responsibility, repealing Regulation (EC) No 1347/2000, Finland hereby declares that the Convention
of 6 February 1931 between Finland, Denmark, Iceland, Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship, together with the Final Protocol thereto, will apply in full in relations between Finland and Sweden, in place
of the rules
of the Regulation.
a) where none
of the parties is resident in a Contracting State that is not a Member State
of the Regional Economic Integration Organisation; b) as
concerns the recognition or
enforcement of judgments as between Member States
of the Regional Economic Integration Organisation.
(5) This Convention shall not affect the application by a Contracting State
of a treaty which, in relation to a specific matter, governs jurisdiction or the recognition or
enforcement of judgments, even if concluded after this Convention and even if all States
concerned are Parties to this Convention.
However many U.S. states have enacted statutes
concerning the
enforcement of foreign (including Ontario and Canada) money -
judgments in that state.
We note that
concerns about the constitutionality
of the filing...
of judgments from nations that do not adhere to basic principles
of due process
of law may be addressed by amending the FCMJRA to require prior judicial approval
of judgments of foreign countries by way
of motion or a separate
enforcement proceeding.
on Belgium sues Swizterland in the ICJ in a dispute
concerning recognition and
enforcement of a civil
judgment