Sentences with phrase «from enforcing the foreign judgment»

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.»

There was conflicting case law in Ontario regarding whether a two - year limitation period applied to an action to enforce a foreign judgment in Ontario (from a jurisdiction to without a reciprocal enforcement agreement).

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.

Pursuant to section 24 (1) of the Limitation Act 1980, the limitation period to commence a claim to enforce a foreign judgment at common law is six years from the date of the foreign judgment sought to be recognised and enforced.

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.

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.

Jurisdiction to recognize and enforce a foreign judgment exists by virtue of the debtor being served on the basis of the outstanding debt resulting from the judgment.

With this news from Judge Liu, it is clear that the Wuhan decision is part of the Chinese courts» rethink of its approach to recognizing and enforcing foreign court judgments.

There is a related issue to the extradition one, which is that if the fine is reduced to a civil judgment in Singapore (I assume that it could), and if it was, if the foreign judgment from Singapore could be enforced in South Africa or any other place the judgment debtor has property or income.