Sentences with phrase «enforcing a foreign judgment against»

«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.»

This is because proceedings commenced in England by a judgment creditor for the purpose of enforcing a foreign judgment against a State do not qualify as «proceedings relating to a commercial transaction for the purposes of s. 3 (1) of the State Immunity Act 1978».

Not exact matches

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.»

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 the UAE.

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.

Representation of an international manufacturer of shipping containers in action brought to enforce default judgment against allegedly related foreign corporations.

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).

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.

A person seeking to enforce a foreign judgment in Myanmar must file a suit in Myanmar, as plaintiff, against the judgment - debtor, as defendant.

Also, often, different procedures apply and different limitations apply when a foreign government seeks to enforce a claim for a money judgment against a private individual abroad.

Since the proper tests for jurisdiction to enforce a foreign judgment were met in this case, the Ecuadorian plaintiffs may proceed with their enforcement action against Chevron and Chevron Canada in Ontario.