Sentences with phrase «foreign judgments ordered»

The Administrator shall keep, in the National Capital Region, all books and records necessary for recording the proceedings of the Court and shall enter therein all orders, directions, foreign judgments ordered to be registered, pleadings and other documents filed in proceedings.

The Administrator shall keep all records necessary for documenting the proceedings of the Court and enter in them all orders, directions, foreign judgments ordered to be registered, pleadings and other documents filed in a proceeding.

Not exact matches

On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.

In reaching this decision, the Jersey Royal Court has demonstrated not only that it will take an innovative and pragmatic approach to ensure that freezing orders are effectively policed, but also that it will assist foreign courts in the enforcement of judgments by ordering judgment debtors within its jurisdiction to make disclosure of their worldwide assets.

Summary: The appellant foreign state challenged the lower court's judgment that real property owned by the appellant could be used to execute an enforcement order of an arbitral award.

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As the Supreme Court in Morguard emphasized, however, the Act does not in any way limit the far larger application of comity in regard to orders and judgments not covered by the Act (i.e. non-money judgments or foreign judgments other than those select U.S. states).

What is true regarding comity among Canadian provinces is generally true about judgments and orders of foreign courts.

So long as the foreign court properly exercised jurisdiction, an Alberta court will generally enforce that judgment or order.

An application can be made to the DIFC Court to recognise a foreign court money judgment rendered in England (or from another jurisdiction) and once there is a DIFC Court Judgment / Order recognizing the foreign judgment the party seeking enforcement can now request the DIFC Court to issue an execution letter to the Chief Justice of the Dubai Courts pursuant to Article 7 (2) of the Judicial authority Law.

Key decision before the Eastern Caribbean Court of Appeal On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.

article keywords: Commercial Litigation, enforcement of foreign judgments, insolvency, real and substantial connection, interlocutory orders, recognition, restructuring, CCAA, winding up, interlocutory orders, conflict of laws, international litigation, foreign orders, foreign judgments, Companies Creditors» Arrangement Act, bankruptcy, insurance, reinsurance, plan of arrangement, scheme, creditors

It did so despite the fact that the U.K. court's order did not meet the traditional requirement that only a final judgment of a foreign court for the payment of a definite sum of money will be enforced in Canada.

[1] It did so despite the fact that the U.K. court's order did not meet the traditional requirement that only a final judgment of a foreign court for the payment of a definite sum of money will be enforced in Canada.

Reference should be made to paragraphs 37 - 59 of his judgment in which he explored the effect of Abela (ibid) and succeeding decisions in stating the criteria to be applied by the English Court in deciding whether or not to order alternative service in the face of treaties which made provision for service on the relevant foreign entity.

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.

This is because, under English law, there is no concept of implied submission to jurisdiction in personam, which means that the defendant must have expressly submitted to the jurisdiction of the foreign court in order for a judgment in personam to be enforced by an English court.

This means, for example, that injunctions, interim orders and other judgments obtained from foreign courts for specific performance, payment into court or a declaration / dismissal of a claim / counterclaim can be recognised but can not be enforced under English common law.

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.

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.

Failure to serve proceedings on the defendant in order to enable it to defend the action is a ground on which recognition and enforcement of the foreign judgment may be refused under the AJA and FJA.

2.3 What requirements (in form and substance) must a foreign judgment satisfy in order to be recognised and enforceable in your jurisdiction?

In order for the foreign judgment to be registered, the AJA and FJA require that the foreign court should have had jurisdiction over the parties and the relevant issues in dispute according to English law principles.

As noted above, in order for a foreign judgment to be recognised and enforced at common law, it must be final, binding and conclusive.

Specifically, the question was whether a claim to enforce a foreign judgment is a claim to «enforce an order of a court or any other order that may be enforced in the same way as an order of a court» (under section 16 (1)(b)-RRB-.

In this issue: Brexit: A Disputes Perspective; Court of Appeal considers non-party funding in two recent cases; Arbitration and enforcement bolstered by Australian High Court decision: freezing order can be granted in expectation of a foreign judgment or arbitration award; Conferences and events

Once a decree enforcing the foreign judgment has been obtained from the Myanmar courts, it may be executed by attachment and sale of any property, by arrest and detention in prison, garnishee order and application for examination of judgment debtors.

The judgment is also the first of its kind ordering the recognition and enforcement of a foreign arbitral award made on the basis of an unsigned charterparty.

This suggests that the Myanmar courts would only enforce monetary judgments, at least from a procedural perspective, and that judgments in rem, such as relating to injunctions, including foreign asset freezing orders and specific performance, would not be enforced.

Then, along came s 25 of the Civil Jurisdiction and Judgments Act 1982, which gave the English court the power to order a Mareva off the back of foreign proceedings, first those in Europe and then in the rest of the world.

The Courts in Ontario may in the required circumstances recognize and enforce foreign equitable orders such as foreign injunctions (not just foreign money judgments).

Under the prior version of the law, the Foreign Country Money - Judgments Recognition Act, an authenticated copy of a foreign judgment, decree, or order could be directly filed with the Clerk of the Superior Court of New Jersey, along with a supporting affidavit from the judgment crForeign Country Money - Judgments Recognition Act, an authenticated copy of a foreign judgment, decree, or order could be directly filed with the Clerk of the Superior Court of New Jersey, along with a supporting affidavit from the judgment crforeign judgment, decree, or order could be directly filed with the Clerk of the Superior Court of New Jersey, along with a supporting affidavit from the judgment creditor.