The Defendants argued this was abusive as it sought to avoid engagement with the Dubai Courts, and so avoid the more restrictive test for
enforcement of foreign judgments in Dubai.
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.)
Pursuant to section 25 of the Civil Jurisdiction and Judgments Act 1982, the English court can also grant provisional / interim measures such as freezing injunctions in support
of enforcement of foreign judgments pending enforcement proceedings in England.
His international disputes practice focuses on cases involving one or more foreign companies, persons, or governments, as well as disputes involving other interests of foreign countries, such
as enforcement of foreign judgments or arbitral awards, international discovery, and service of process abroad.
First, unless the defendant, anonymous Twitter user, resides in Canada (where there is a bilateral reciprocal
enforcement of foreign judgments treaty with the UK), the service out of the jurisdiction without prior leave of the court will require a letter of request / letters rogatory (particularly if he / she resides in the U.S.).
Pursuant to Uniform Foreign Money - Judgments Recognition Act and
Uniform Enforcement of Foreign Judgments Act, court should register judgment, which is properly authenticated, without regard to limitations period for enforcement.
Basically, you have to comply with everbody's copyright law, when you operate a web page, unless there's an issue with a strange law in a country that has no legal reach into the UK (no treaty
governing enforcement of foreign judgments).
This could have potential distortive effects upon other areas of U.S. law, including cases involving foreign sovereign immunity;
discretionary enforcement of foreign judgments and arbitral awards; and discovery requests in aid of foreign proceedings.
The recognition and
enforcement of foreign judgments in England and Wales which fall outside the scope of the special EU and statutory regimes listed above are dealt with under English common law.
The application of the «real and substantial connection» test
for enforcement of foreign judgments was further clarified by the Ontario Court of Appeal in a recent decision, part of a... [more] Full article
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.
Part 7.5 (3)(b) of the CPR states that service out of a claim for
enforcement of a foreign judgment (or arbitral award) may be granted only if it has been registered in the High Court «pursuant to Part 72» of the CPR.
We regularly advise companies from China and across South - East Asia and Taiwan on setting up and trading in the UK, and assist with litigation or dispute resolution, including
the enforcement of foreign judgments and debt recovery.
Before discussing the considerations applicable in this case, it may be useful to reiterate the theoretical basis for the recognition and
enforcement of foreign judgments.
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.
Judgments obtained in Dubai 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 judgments.
In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and
enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.»
Chief Justice Hwang held (with Justice Omar Al Muhairi agreeing) that the DIFC Court has jurisdiction to hear claims for the recognition and
enforcement of foreign judgments.
For foreign companies and individuals, we can assist with international debt recovery,
the enforcement of foreign judgments in the UK, depositions, cross border insolvency, and international arbitration matters and dispute hearings before the London Court of International Arbitration (LCIA).
We have extensive experience in dealing with the registration and
enforcement of foreign judgments in the UK and in the EU.
[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.
Normally the whole issue of the recognition and
enforcement of foreign judgments is self - regulating.
Yet, the plaintiffs have not sought the recognition and
enforcement of their foreign judgment in the place of their judgment debtor's residence or place of business and, instead, have come to Ontario arguing that the assets nominally held by a stranger to the foreign Judgment should be made available to satisfy it.
Her experience includes assisting with a claim for fraudulent misrepresentation, several cross-border winding up proceedings and
enforcement of foreign judgments, and various contractual, shareholder and employment disputes.
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.
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 judgments.
article keywords: Commercial Litigation,
enforcement of foreign judgments, insolvency, real and substantial connection, interlocutory orders, recognition, restructuring, CCAA, winding up, interlocutory orders, conflict of laws, international litigation, foreign orders, foreign judgments, Companies Creditors» Arrangement Act, bankruptcy, insurance, reinsurance, plan of arrangement, scheme, creditors
Dr. Ajibade's area of academic specialisation is in the field of Private International Law, with particular interest in the law relating to the recognition and
enforcement of foreign judgments.
Dr. Ajibade has been involved in all aspects of corporate and commercial dispute resolution in Nigeria, and has expertise in litigation involving the recognition and
enforcement of foreign judgments, banking law, intra-company shareholder disputes, as well as insolvency and insurance litigation.
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 judgments.
We have acted for clients in a wide variety of industries, in diverse litigation and commercial arbitration practice areas international sale of goods, import - export, especially in the apparel and textile business, recovery of accounts receivables, product liability, distribution and licensing, search and seizure of counterfeit luxury goods, particularly in the fashion industry, and the recognition and
enforcement of foreign judgments and commercial arbitration awards.
In fact, the latest draft of the convention was completed just a few months ago in November 2017 during the most recent meeting of the Special Commission on the Recognition and
Enforcement of Foreign Judgments, which was attended by 180 participants from 57 States.