Sentences with phrase «court enforcing a foreign judgment»

A court enforcing a foreign judgment is enforcing the obligation created by that judgment.

[55] A court enforcing a foreign judgment is enforcing the obligation created by that judgment.

Not exact matches

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&raCourt 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&racourt or tribunal and amenable to be enforced at common law».

On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.

She adds that «Nigerian courts are eager to enforce arbitral awards and the regulatory framework under the New York Convention and Foreign Judgments (Reciprocal Enforcements) Act largely favours enforcement of foreign awards&Foreign Judgments (Reciprocal Enforcements) Act largely favours enforcement of foreign awards&foreign awards».

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.

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.

In this case, however, the Court is asked to determine whether the Ontario courts have jurisdiction to recognize and enforce an Ecuadorian judgment where the foreign judgment debtor, Chevron Corporation («Chevron»), claims to have no connection with the province, whether through assets or otherwise.

«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.»

There is no parallel or even secondary inquiry into the relationship between the legal dispute in the foreign country and the domestic Canadian court being asked to recognize and enforce the foreign judgment.»

In opposing jurisdiction, Chevron and Chevron Canada contended that the Court must apply the «real and substantial connection» test at two stages in determining whether to enforce a foreign judgment:

How do you establish the extent to which the courts in another country will recognize and enforce foreign — and especially U.S. — judgments, particularly in the family law area?

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 Defendant applied for a stay of Midtown's application and a declaration that the DIFC Courts did not have jurisdiction to enforce judgments of foreign cCourts did not have jurisdiction to enforce judgments of foreign courtscourts.

The Judge's decision clearly stated that the DIFC Courts do indeed have jurisdiction to enforce the judgments of foreign courts and confirmedCourts do indeed have jurisdiction to enforce the judgments of foreign courts and confirmedcourts and confirmed that:

In this article we run though the headline facts of this case which lead to the affirmation of the DIFC Courts» jurisdiction to enforce the judgments of foreign courts in some circumstCourts» jurisdiction to enforce the judgments of foreign courts in some circumstcourts in some circumstances.

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 theCourt as a conduit court to enforce foreign court money judgments against assets in Dubai or elsewhere in thecourt to enforce foreign court money judgments against assets in Dubai or elsewhere in thecourt money judgments against assets in Dubai or elsewhere in the UAE.

Key decision before the Eastern Caribbean Court of Appeal On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.

a previous DIFC Court of Appeal precedent that the DIFC Courts have jurisdiction to recognise and enforce foreign judgments, remains a binding precedent.

The Court held that foreign judgments will be enforceable in Canada provided the foreign court had a «substantial connection» with the subject matter of the lawsuit unless the judgment was obtained by fraud, or there was a failure of natural justice, or enforcing the judgment would be contrary to domestic poCourt held that foreign judgments will be enforceable in Canada provided the foreign court had a «substantial connection» with the subject matter of the lawsuit unless the judgment was obtained by fraud, or there was a failure of natural justice, or enforcing the judgment would be contrary to domestic pocourt had a «substantial connection» with the subject matter of the lawsuit unless the judgment was obtained by fraud, or there was a failure of natural justice, or enforcing the judgment would be contrary to domestic policy.

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.

It did so despite the fact that the U.K. court's order did not meet the traditional requirement that only a final judgment of a foreign court for the payment of a definite sum of money will be enforced in Canada.

[1] It did so despite the fact that the U.K. court's order did not meet the traditional requirement that only a final judgment of a foreign court for the payment of a definite sum of money will be enforced in Canada.

Chinese courts will not enforce a foreign court judgment.

It is clear that a Korean court will not enforce a judgment of a foreign court concerning a dispute that is subject to the exclusive jurisdiction of Korea or a third country.

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.

Generally, a foreign judgment in rem would be recognized and / or enforced in Korea when the judgment concerns immovable or movable property that was within the jurisdiction of the foreign court at the time of the proceeding.

According to the Taiwan Code of Enforcement, a foreign judgment or ruling will be enforced if it does not meet any exceptions listed by Article 402 and if the Taiwanese court permits such foreign judgment to be enforced by a judgment of recognition.

This is because, under English law, there is no concept of implied submission to jurisdiction in personam, which means that the defendant must have expressly submitted to the jurisdiction of the foreign court in order for a judgment in personam to be enforced by an English court.

Therefore, all foreign judgments enforced by English courts are recognised but not all recognised judgments are enforced.

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 Court stated that a foreign judgment can not be directly enforced in Ontario in the absence of reciprocal enforcement legislation.

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).

The English court can sever parts of a foreign judgment for the purposes of enforcement proceedings, i.e. it can enforce the payment obligations set out in the foreign judgment, disregarding any other parts of the foreign judgment which do not constitute an obligation to pay a specified sum of money.

Generally speaking, once a foreign judgment is recognised and enforced, the creditor may request a seizure order against all the assets of the debtor and the court will hold auctions to sell those assets to satisfy the debtor's rights in relation to monetary compensation.

If the purpose is to enforce a foreign judgment, an enforcement petition must be filed to a Taiwan competent court after obtaining a Taiwanese judgment of recognition.

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-.

Once a decree enforcing the foreign judgment has been obtained from the Myanmar courts, it may be executed by attachment and sale of any property, by arrest and detention in prison, garnishee order and application for examination of judgment debtors.

The Justice referred to City of Mecca (1879), 5 P D 28 where Sir Robert Phillimore held that the English Court of Admiralty could and ought to enforce an in rem judgment of a Foreign Admiralty Court, on the grounds of international comity (reversed on appeal not on a point of law, but because, like the subject case, the foreign judgment was in personamForeign Admiralty Court, on the grounds of international comity (reversed on appeal not on a point of law, but because, like the subject case, the foreign judgment was in personamforeign judgment was in personam only.)

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 contCourt 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 contcourt 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 contCourt 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.

This suggests that the Myanmar courts would only enforce monetary judgments, at least from a procedural perspective, and that judgments in rem, such as relating to injunctions, including foreign asset freezing orders and specific performance, would not be enforced.

Nevertheless, in view of section 11 of the CPC (read with section 13 of the CPC), the Myanmar court is (a) unlikely to enforce the foreign judgment, if it was decided later in time to the conflicting local judgment; and (b) likely to accord primacy to a prior foreign judgment between the parties which may be recognised under Myanmar law.

In an action to recognize and enforce a foreign judgment where the foreign court validly assumed jurisdiction, there is no need to prove a real and substantial connection exists between the enforcing forum and either the judgment debtor or the dispute.

(i) The presence of assets within the jurisdiction is not a pre-condition for the court's jurisdiction under CPR 6.20 (9) to permit service of a claim form out of the jurisdiction to enforce a foreign judgment.

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

With this news from Judge Liu, it is clear that the Wuhan decision is part of the Chinese courts» rethink of its approach to recognizing and enforcing foreign court judgments.

In Chevron Corp. v. Yaiguaje, the Supreme Court of Canada clarified the jurisdictional requirements for an Ontario court to consider a proceeding to enforce a foreign judgCourt of Canada clarified the jurisdictional requirements for an Ontario court to consider a proceeding to enforce a foreign judgcourt to consider a proceeding to enforce a foreign judgment.

If you think that you are the party more likely to need a judgment or award, try to ascertain where your counterparty's assets can be found and whether that country's courts will enforce either foreign judgments or international arbitration awards.