Although many of the requirements
for the enforcement of foreign judgments and...
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 bitter and protracted legal battle over nearly $ 10 billion in environmental damages caused by the operations of Texaco (later acquired by the defendant Chevron) in Ecuador.
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.
Not exact matches
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.
It is unnecessary
for Article 7 to provide
for enforcement of «recognised
foreign judgments».
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.
An alternative would be
for the UK to enter into bilateral arrangements with EU Member States under the Administration
of Justice Act 1920 or the
Foreign Judgments (Reciprocal
Enforcement) Act 1933.
TianTong advises clients in applying
for recognition and
enforcement of judgments rendered by
foreign courts or courts in Hong Kong, Macau and Taiwan, and in applying
for recognition and
enforcement by
foreign courts
of final
judgments rendered by Chinese courts.
The Court
of Appeal also rejected Chevron's argument that Club Resorts Ltd. v. Van Breda, a 2012 decision
of the Supreme Court
of Canada, changed the Canadian landscape
for recognition and
enforcement of foreign judgments.
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.
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 e
Enforcement of Foreign Judgments Act, court should register
judgment, which is properly authenticated, without regard to limitations period
for enforcementenforcement.
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 j
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 judgmentsjudgments.
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 j
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 judgmentsjudgments.
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.
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.
The application
for registration and written witness evidence must specify the grounds
for enforcement, the amount in respect
of which the
foreign judgment remains unsatisfied, and the amount
of interest claimed.
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.
The procedure
for enforcement of such
foreign judgments is set out in Part 74
of the English Civil Procedure Rules («CPR»).
Owing to the variety
of regimes discussed above, it is particularly important
for clients seeking to enforce a
foreign judgment in England to consider first which
of the many regimes in England would apply, in order to determine the procedural route to be taken to achieve
enforcement.
The English court can sever parts
of a
foreign judgment for the purposes
of enforcement proceedings, i.e. it can enforce the payment obligations set out in the
foreign judgment, disregarding any other parts
of the
foreign judgment which do not constitute an obligation to pay a specified sum
of money.
However, the
Foreign Judgments (Reciprocal Enforcement) Act 1933 provides for the reciprocal recognition and enforcement of arbitral awards (and court judgments) in former Commonwealth c
Judgments (Reciprocal
Enforcement) Act 1933 provides for the reciprocal recognition and enforcement of arbitral awards (and court judgments) in former Commonwealth
Enforcement) Act 1933 provides
for the reciprocal recognition and
enforcement of arbitral awards (and court judgments) in former Commonwealth
enforcement of arbitral awards (and court
judgments) in former Commonwealth c
judgments) in former Commonwealth countries.
We can assist your local counsel in your local litigation with matters including, valid service on the Defendant located in Ontario, examination and other court proceedings
for the collection
of evidence in Ontario (in - coming letters
of request or letters rogatory), opinions on the laws
of Ontario and Canada, as may be required, and the
enforcement of a
foreign judgment in Ontario.
The Chambers was set up in response to the demand
for Mauritius - based lawyers with international exposure and specialized expertise in the fields
of International Trust, International Finance, Banking Law, Shipping Law, Aircraft Finance and Leasing, Project Finance, Corporate & Commercial Law, Litigation and cross border insolvency, tracing and debts recovery,
enforcement of foreign judgments, arbitral arwards, arrest
of foreign vessels and drafting
of transactional / security documents.
The SPC judge also suggested that the standards set out in mutual judicial assistance agreements could be useful in drafting standards
for reviewing the recognition and
enforcement of foreign judgments.
If you have a matter involving a jurisdictional challenge, or the recognition and
enforcement of foreign judgments, please contact us
for an initial consultation.
Specific topics covered include transnational jurisdiction, international forum selection, transborder choice
of law, extraterritorial application
of U.S. law, federal rules
for service
of process and discovery
of evidence abroad, the special treatment
of foreign governments as parties, and recognition and
enforcement of foreign judgments.