In circumstances where principles of sovereign immunity fetter the ability of an award creditor to
execute against the assets of a state debtor, an alternative route that has gained increasing traction has been the possibility of executing against the assets of a State - Owned Enterprise (SOE) through a legal technique known as «reverse piercing.»
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.»
Not exact matches
The trustee must identify and then take title to the trust's
assets, keep accurate records, report to the current beneficiaries,
execute and settle all transactions, protect and insure the property and defend the trust
against claimants.
Accordingly, it challenges such conceptions by proposing that if one adopts non-absolutist and non-monolithic conceptions of sovereignty and legal personality, and that if one acknowledges that consent is the foundational basis for arbitration, then there can be no basis for supporting the proposition that an SOE can be held liable for the award debts of a state and its
assets executed against in satisfaction of such debts.
A decision from the Wisconsin Supreme Court establishing the right of an unsecured creditor to have a sheriff seize and
execute upon a court judgment
against the
assets of a debtor and forcing a judicial sale to find an equity in excess of the rights and value of an existing security interest held by a secured creditor in the subject
assets.
The SALI Club will look to explore the legal landscape and in particular consider the use and effectiveness of International Investment Agreements («IIAs»), in particular, Bilateral Investment Treaties («BITs»)
executed between Asian and African States giving investors the ability to obtain arbitration awards which may be enforced
against state
assets.
Likewise, if the Court makes an equalization order or judgment directing payment, if there are no
assets within Alberta to
execute against, what is the next step for the creditor?
Because all digital
assets have Bitcoin trading pairs, whenever Bitcoin's price declines, sell orders start
executing against other currencies, too,» Ryan clarified Crowdfund Insider via email.