Sentences with phrase «foreign judgment against»

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».

English law recognises sovereign immunity as a valid defence to the enforcement of a foreign judgment against a State.

«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.»

Not exact matches

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

This caused an undesirable barrier to those wishing to register a foreign judgment in the BVI against a foreign judgment debtor from a non-Part 72 country, who had assets in the BVI.

In other words, how Canada should conduct its foreign affairs, including the management of its relationship with the US and the determination of the means by which it should advance its position in regard to the protection of Canada's national interest and its fight against terrorism, should be left to the judgment of those who have been entrusted by the democratic process to manage these matters on behalf of the Canadian people.»

Interestingly, we also have specific protection against foreign libel judgments, so I'll just be focusing on American law.

The judgment is among the largest ever issued against a foreign nation under the Foreign Sovereign Immunities Act, according to a press release by Cohen Milstein Sellers & Toll, which represented the plaintiffs with co-counsel Karsman McKenzie foreign nation under the Foreign Sovereign Immunities Act, according to a press release by Cohen Milstein Sellers & Toll, which represented the plaintiffs with co-counsel Karsman McKenzie Foreign Sovereign Immunities Act, according to a press release by Cohen Milstein Sellers & Toll, which represented the plaintiffs with co-counsel Karsman McKenzie & Hart.

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.»

If a foreign court enters a judgment against someone by default that judgment will probably be enforceable in the country where the judgment was entered (or in the case of the U.S. in the state where it was entered with easy domestication to another U.S. state) against assets in that country.

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.

However, the court would review the following four issues if challenged by the respondent: (1) whether the foreign court lacks jurisdiction pursuant to Taiwanese laws; (2) whether a default judgment is rendered against the losing defendant, but the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the Taiwanese laws; (3) whether the performance ordered by such judgment or its litigation procedure is against Taiwanese public policy or morals; and (4) whether there exists no mutual recognition between the foreign country and Taiwan.

Ignoring such claims, no matter how frivolous, poses the risk that a judgment will be entered by default against the foreign state and its officials.

Note, however, the issues highlighted below at question 2.7 d) in relation to the enforcement of foreign judgments given in default and against defendants that have not expressly submitted to the jurisdiction of the foreign court, which may affect the amenability of the enforcement action to summary judgment.

For foreign judgments rendered in other countries, our firm suggests that it would be better to file a new lawsuit against the defendant in Taiwan and use the foreign judgments as a leverage.

Even though the defendant based in Taiwan is served with all the legal documents, like the court notice and summons, in compliance with the foreign laws, the Taiwan court will accept the defendant's argument against the default foreign judgment that the legal documents are not served as per Taiwanese laws.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

where a default judgment is rendered against the losing defendant, except in the case where the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance according to the Taiwanese laws;

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).

A default judgment — which can be multimillions of dollars — allows the plaintiff to seek enforcement of that judgment against the financial and other assets of the foreign government held in the US.

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.

(4) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2014] EWHC 3068 (Comm); [2015] 2 All E.R. (Comm) 747; [2014] 2 Lloyd's Rep. 579; [2014] 2 C.L.C. 503; [2015] Lloyd's Rep. I.R. 54 — relief granted to both insurers and employees and agents of the insurers who were intended to benefit from the settlement of the insurance claim - relief by way of specific performance and injunctions was tailored to the particular circumstances which included the prohibition on anti-suit injunction to restrain the Greek proceedings — assured ordered to execute documents recording the meaning and effect of the settlement agreement (including settlement of claims against the servants and agents who were third parties to the original settlement) so that the same could be placed before the foreign court to assist in the recognition and enforcement of the English judgment in Greece under the Judgments Regulation.

the person against whom the judgment was given was claimant, or counterclaimed, in the proceedings in the foreign court;

Represented investors and secured judgment against multiple foreign and domestic defendants on claims for federal securities fraud and theft.

P. 12 (b)(6) dismissal of his diversity action against Alan Wofsy, seeking recognition of a French judgment pursuant to California's Uniform Foreign - Country Money Judgments Recognition Act.

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

In this case, the subsidiary Chevron Canada was served at its registered head office in Ontario, and therefore the court has jurisdiction to consider the plaintiffs» claims against the Canadian subsidiary, even though it had no invovlement in the foreign proceeding or the judgment that was issued against Chevron Corp..

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.