Sentences with phrase «enforcement of a judgment given»

The aims of the Brussels I (recast) are to provide unified rules on conflicts of jurisdiction in civil and commercial matters and to ensure the rapid recognition and enforcement of judgments given in member states (recital 4).

No security, bond or deposit, however described, shall be required of a party who in one Member State applies for enforcement of a judgment given in another Member State on the following grounds:

The recognition and enforcement of judgments given in a Member State should be based on the principle of mutual trust and the grounds for non-recognition should be kept to the minimum required.

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.

(2) Where recognition or enforcement of a judgment given in a Contracting State that has made such a declaration is sought in another Contracting State that has made such a declaration, the judgment shall be recognised and enforced under this Convention, if -

(4) This Convention shall not affect the application by a Contracting State of a treaty, whether concluded before or after this Convention, for the purposes of obtaining recognition or enforcement of a judgment given by a court of a Contracting State that is also a Party to that treaty.

Not exact matches

SERAP letter reads in part «Given the relative newness of the Buhari government, the effective enforcement and implementation of the judgment will invariably involve setting up a mechanism by the government to invite the leadership and high - ranking officials of the governments of former President Olusegun Obasanjo, former President Umaru Musa Yar» Adua, and former President Goodluck Jonathan to explain, clarify and provide evidence on the amounts of stolen funds recovered by their respective governments (from abroad and within Nigeria), and the projects (including their locations) on which the funds were spent.»

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.

The senator representing Ogun East senatorial district, Mr. Buruji Kashamu, has filed appealed against the judgment of the Court of Appeal, Lagos, which gave the National Drug Law Enforcement Agency (NDLEA) the nod to begin extraction process against him to the United State of America (USA), to face drug related charges offences.

It is anticipated that the new law will provide a properly structured procedural framework for domestic and international arbitrations seated in the UAE, with clear rules on when an award may be challenged, as well as easing the route to enforcement of awards by giving arbitration awards the status of court judgment which can be ratified in the UAE Courts (thereby avoiding lengthy enforcement proceedings).

«In light of the economically significant relationship between Chevron and Chevron Canada, and given that Chevron Canada maintains a non-transitory place of business in Ontario, an Ontario court has jurisdiction to adjudicate a recognition and enforcement action against Chevron Canada's indirect corporate parent that also names Chevron Canada as a defendant and seeks the seizure of the shares and assets of Chevron Canada to satisfy a judgment against the corporate parent.»

If the judge decides in favor of the landlord, the landlord must then give the judgment paperwork to local law enforcement and pay a fee for an eviction escort.

«This judgment has not only established that NNPC is free to advance its case that the award had been procured by fraud, but it also gives legal clarity and precedent regarding the attaching of conditions to the raising of a defence to the enforcement of an international arbitration award.

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.

EU Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation) applicable to judgments given in legal proceedings instituted before 10 January 2015.

Where a judgment has been given in respect of several matters and enforcement can not be authorised for all of them, the court shall authorise enforcement for one or more of them.

A court of a Member State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the Member State of origin by reason of an appeal.

d) the judgment was obtained by fraud in connection with a matter of procedure; e) recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State; f) the judgment is inconsistent with a judgment given in the requested State in a dispute between the same parties; or g) the judgment is inconsistent with an earlier judgment given in another State between the same parties on the same cause of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.

In an important judgment given on Wednesday 25 October 2017, the Supreme Court has laid down important principles for the enforcement of international arbitral awards and specifically for the interception of funds payable under letters of credit

Specifically, the agreement provides that the Recast Brussels Regulation (1215/2012 EC) relating to jurisdiction and the recognition and enforcement of judgments will apply to the enforcement and recognition of judgments given in legal proceedings which commence before the transition period ends.

While the case did not relate, actually, to enforcement of a judgment — but rather related to the issue of the compellability of a witness to give evidence against his own interests in a contempt hearing — the Court, in obiter, did make the following comment:

Lord Hope gave the leading judgment for a five - judge panel, but Lord Carnwath's «brief comment on the course of the proceedings, having regard also to the new framework established under the Tribunals Courts and Enforcement Act 2007» (at [27]-RRB- attracted the accord of three other judges.