Sentences with phrase «enforcement of judgments on»

On 3 July 2000 France presented an initiative for a Council Regulation on the mutual enforcement of judgments on rights of access to children (6).

There are several specific regimes pertaining to enforcement of judgments on specific subject matters such as shipping, aviation, intellectual property, etc..

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).

Not exact matches

It would be recalled that SERAP had on 28 March 2016 sent a copy of the certified true copy of the judgment to Mr Malami and Alhaji Idris urging them to use their «good offices and leadership to ensure and facilitate full, effective and timely enforcement and implementation of the judgment.»

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.»

The parties have been unable to agree upon any of the matters of substance, in particular on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevant to the election of an inquiry as to damages or an account of profits), upon whether and if so in what form there should be an order for publicity of the judgment as an enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason of the fact that for a period an exclusive licence was not registered, upon the extent of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»

After all these years, the Ecuadorian plaintiffs deserve to have the recognition and enforcement of the Ecuadorian judgment heard on the merits in an appropriate jurisdiction.

• On acknowledging instructions and confirming first letter has been sent • On issuing proceedings • On entering judgment • On drafting and serving a section 146 notice • On drafting and serving possession proceedings • On preparing for a possession hearing • On commencing other enforcement options if necessary • On confirming the outcome of enforcement action

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.

Attended, Enforcement of Judgments, Louisville Bar Association, Louisville, Kentucky (on - line through Lorman Education Services), 2008

Advising a fund on bringing fraud proceedings against former directors and third parties, and enforcement of a foreign judgment in the UK.

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.

From 10 January 2015, Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation (recast)-RRB- applies.

Illinois law provides ample opportunity for Illinois business lawyers to assist in the enforcement of old judgments for at least 27 years after the date the judgment was entered.7 Although caselaw has yet to encounter such a fact pattern, a judgement, if properly revived every 7 years may carry on indefinitely.

When disputes do arise, companies then have to invest further resources to navigate unfamiliar foreign legal systems, often having to rely on unfamiliar foreign counsel, as well as bearing the additional risks that accompany the cross-border enforcement of judgments.

It covers such measures as Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation), Regulation 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (the Brussels II bis Regulation) or Regulation 864/2007 on the law applicable to non-contractual obligations (the Rome II Regulation).

«The senior judiciary, along with others, have emphasised the importance of the Government providing clarity on issues relating to proper law clauses, jurisdiction clauses and the recognition and enforcement of judgments,» he said.

The filing of a Chapter 7, 13 or 11 bankruptcy petition initiates an automatic «stay» which will immediately stop collections efforts by creditors, the enforcement of judgments, or foreclosure on real property.

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.»

Although arguing Civil Code section 1717 did not allow for such an award, homeowner ignored the fact that the settlement agreement had an express provision allowing for post-judgment enforcement fee recovery based on the judgment entered as a result of the settlement.

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).

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).

Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the «Recast Regulation») currently ensures that jurisdiction agreements contained in contracts are respected by all EU Member States.

This is because recognition of the jurisdiction of the English courts and the enforcement of its judgments in Europe currently depend primarily on the Brussels I Recast Regulation.

The procedures available for the Enforcement of an Ontario Court judgment in Ontario are set out on our Enforcement of Ontario Judgments in Ontario webpage.

«In recognition and enforcement actions relating to foreign judgments in Canadian jurisdictions, the exclusive focus of the real and substantial connection test is on the foreign jurisdiction.

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.

This provision was first interpreted in Bier v Mines de potasse d'Alsace (then still under the pre-predecessor of the Regulation, the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters).

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

For legislated arrangements, there is the Uniform Enforcement of Judgments Conventions Act that allows conventions on the (reciprocal if desired) enforcement of judgments to be added to a schedule by Enforcement of Judgments Conventions Act that allows conventions on the (reciprocal if desired) enforcement of judgments to be added to a schedule by reJudgments Conventions Act that allows conventions on the (reciprocal if desired) enforcement of judgments to be added to a schedule by enforcement of judgments to be added to a schedule by rejudgments to be added to a schedule by regulation.

Unfortunately, the Court's mis - direction on the judicial reasoning protecting private life rights and sexual identity started by Dudgeon, is a shortcoming of the judgment, as the Court fails to engage with the impact that mere criminalisation has on gay and lesbian individuals, even without enforcement.

It is wide - ranging covering a disparate group of questions on civil justice from the place of employment tribunals in the court system to enforcement of civil judgments.

The grounds on which recognition (and therefore enforcement) may be refused are very similar to those found in Article 23 (a)--(g) of BIIR — although not identical, including manifest incompatibility, child not heard and default 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 jJudgments 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.

We have been retained on and frequently write about cases involving the enforcement of U.S. judgments.

He has particular experience in the fields of jurisdiction, enforcement of judgments, conflict of laws and international judicial cooperation, and also serves as an expert witness on aspects of US private international law in foreign proceedings.

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 jJudgments 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.

The Brussels I (recast), also known by its less pithy, formal title, Regulation (EU) No 1215/2012 «on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)», partially entered into force on 10 January 2013 and became fully applicable on 10 January 2015.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

In contrast, Chevron is currently fighting enforcement of an Ecuadorean judgment on the grounds that it was obtained based on fraud and corruption, and is having a fair amount of success so far.

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).

The court would not be bound to recognise the judgment in the presence of an enforceable New York Convention arbitral award, but if such an award does not exist (which is likely in such circumstances) it is, on the wording of the Regulation, arguably bound by the recognition and enforcement articles of the Brussels I (recast), even though this may offend the court's pro-arbitration stance.

The challenges are the same as the ones raised on a regular basis, i.e. applicability of foreign law as governing law; enforcement and implementation of contracts as well as the enforcement of arbitration awards or foreign judgments.

Based on the factums submitted to the SCC, the appellant (Yugraneft) is arguing that international arbitral awards should be considered, at least for enforcement purposes, equivalent to foreign judgments, and, as such, should benefit from the 10 - year limitation period under s. 11 of the Alberta Limitations Act.

In a related but separate move, the DIFC Courts have published a guide for law firms and business on the mutual recognition and enforcement of monetary judgments in China and Dubai.

Like the enforcement of a judgment, the enforcement of an Award as a result of a waiver of immunity is based on consensual obligations undertaken in a commercial contractual context.

Through our TAGLaw contacts Boodle Hatfield recently acted on a significant reported case on the enforcement of EU judgments in England and Wales.

We have acted on behalf of our clients in a number of cases involving recognition and enforcement of foreign judgments in Latvia.

By Article 25, each party state undertakes to recognise such judgments in other party states with the exception of judgments made against the government of the requested party or its employees in respect of acts taken on its behalf, as well as judgments where recognition or enforcement would be inconsistent with its international treaties.

Tom has appeared in many of the leading cases in the DIFC Courts, including Pearl Petroleum v The Kurdistan Regional Government of Iraq [2017] DIFC ARB 003 (US$ 2.1 bn arbitration enforcement), Barclays Bank v EGFL [2016] DIFC CFI 036 (US$ 170m enforcement of New York judgment), Protiviti v Al - Mojil [2016] DIFC CA 003 (leading case on forum non conveniens) and DNB Bank v Gulf Eyadah (landmark case on «conduit» enforcement of foreign judgments).