According to them, the Bank's aim was to enforce the judgment in the DIFC and then take it for execution in the Dubai Courts, relying on the reciprocal enforcement mechanisms available under Article 7 of the Judicial Authority Law (these provide for the mutual
enforcement of judgments between the DIFC Courts and the Dubai Courts).
Not exact matches
This
judgment brings the BVI back into line with many other countries which make no automatic distinction
between the location
of the
judgment, but rather leave that to be considered in the Judge's discretion on the
enforcement application itself.
«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.»
The common law also requires the
enforcement of a foreign civil
judgment where there is a real and substantial connection
between the subject matter
of the litigation and the foreign court.
The Supreme Court
of Canada has recently stated in Chevron Corp. v. Yaiguaje that a party seeking
enforcement of a
judgment in Ontario does not have to show a real and substantial connection
between Ontario and the foreign
judgment debtor.
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.
From laws and regulations to international conventions and bilateral treaties that govern the recognition and
enforcement of foreign
judgments in Romania, competent courts and distinction
between recognition and
enforcement, as well as conditions for recognition and
enforcement, opposition and related procedures and timeframes, the guide provides a complete picture and constitutes a very useful material for any interested party.
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.
2.9 What is your court's approach to recognition and
enforcement of a foreign
judgment when there is: (a) a conflicting local
judgment between the parties relating to the same issue; or (b) local proceedings pending
between the parties?
Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts
of jurisdiction and conflicts
of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for
enforcement to the Dubai courts for
enforcement against assets located there.
A groundbreaking and long awaited Memorandum
of Understanding has now been signed
between the Abu Dhabi Global Market (ADGM) Courts and the Abu Dhabi Judicial Department, allowing for the direct
enforcement of ADGM Courts
judgments and arbitral awards into onshore Abu Dhabi
Authentic instruments and agreements
between parties that are enforceable in one Member State should be treated as equivalent to «
judgments» for the purpose
of the application
of the rules on recognition and
enforcement.
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.
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.
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.
One
of those discrete developments is the cooperation agreement that the Shanghai Higher People's Court and Dubai International Finance Centre Court signed in October 2016 (reported here), which must have required the concurrence
of the SPC.. The other discrete development is the memorandum
of understanding on legal and judicial cooperation
between the SPC and Singapore Supreme Court, signed in August 2017, relating to mutual recognition and
enforcement of monetary
judgments, judicial training for judges, and the Belt & Road initiative.
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.