Sentences with phrase «judgment enforcement issues»

More generally, Mr. Buchweitz counsels clients across the industry spectrum in connection with bankruptcy litigation, investment disputes, real estate disputes, judgment enforcement issues, and «business divorce» matters.

Not exact matches

In 2013, a couple of months after these decisions were issued, the German Federal Constitutional Court took the opportunity in a fundamental rights case to mention the Fransson judgment to openly warn legal operators (the CJEU included) that the CJEU's doctrine «must not be read in a way that would view it as an apparent ultra vires act or as if it endangered the protection and enforcement of the fundamental rights in the Member States» (Judgment of the First Senate of 24 April 2013 — 1 BvR 1215/07 — para. 91).

Lawyers from our dispute resolution and litigation practice have drafted these Q&A s, which give a structured overview of key practical issues concerning enforcement of judgments and arbitral awards in our four jurisdictions.

• On acknowledging instructions and confirming first letter has been sent • On issuing proceedings • On entering judgment • On drafting and serving a section 146 notice • On drafting and serving possession proceedings • On preparing for a possession hearing • On commencing other enforcement options if necessary • On confirming the outcome of enforcement action

Caroline is instructed in a wide range of commercial and chancery disputes including: general contractual disputes; civil fraud; breach of directors» duties; shareholder disputes; derivative claims; jurisdiction issues; applications under the Bankers» Books Evidence Act 1879; joint venture agreements; financial services disputes; insurance / re-insurance; enforcement of foreign judgments; mortgage fraud and claims concerning undue influence.

I want to look in particular at van Breda, which deals at length with jurisdiction simpliciter and with forum non conveniens, with a discussion of real and substantial connection and a sideways glace at enforcement of foreign judgments (not yet at issue in this case, of course.)

«The senior judiciary, along with others, have emphasised the importance of the Government providing clarity on issues relating to proper law clauses, jurisdiction clauses and the recognition and enforcement of judgments,» he said.

In his short judgment, Justice Steel also agreed that a judgment issued by the DIFC Courts on recognition and enforcement of a foreign judgment «is in fact a domestic judgment and accordingly falls within the scope of Article 7 (2) of the Judicial Authority Law.»

However, the proposition that the damages sought in the Canadian proceeding must relate directly to the commercial activity at issue raises a troublesome question: can the commercial activity exception properly apply to the enforcement of foreign judgments and arbitral awards?

Normally the whole issue of the recognition and enforcement of foreign judgments is self - regulating.

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.

Extending the certainty offered under regimes such as the Alberta Reciprocal Enforcement of Judgments Act to all international arbitral awards is not only beneficial because it ensures regulatory consistency, but would also be commercially desirable, helping to avoid costly litigation such as the case at issue here.

The Claimants and the DIFC Court are concerned only with the issue of service of the KRG and the application of the Riyadh Convention to that issue, not with the issue of enforcement per se in Iraq, whether of the Award or any DIFC judgment.

If you have any concerns or issues regarding debt collection or the enforcement of judgments or arbitration awards, please contact our office to arrange for an initial consultation.

These chapters are designed to provide readers with a comprehensive overview of key issues affecting the enforcement of foreign judgments, particularly from the perspective of a multi-jurisdictional transaction.

Foreign judgments — enforcement and defences; Contract disputes; Passing - off; Rectification applications; Real estate issues including rights of first refusal, options, easements, adverse possession.

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.

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.

These challenges can be made by the defendant in the proceedings issued for the recognition or enforcement of the judgment.

However, if the foreign court's judgment conflicts with an existing English law or if the foreign judgment is irreconcilable with an English judgment on the same issues, then the court may refuse to recognise the foreign judgment on grounds that its recognition and enforcement would be contrary to public policy.

In addition, the Taiwanese court in charge of enforcement will not further review the four issues if a judgment of recognition is rendered, although the Taiwanese Code of Enforcement still states that the four issues shall be examined during the enforcement enforcement will not further review the four issues if a judgment of recognition is rendered, although the Taiwanese Code of Enforcement still states that the four issues shall be examined during the enforcement Enforcement still states that the four issues shall be examined during the enforcement enforcement procedures.

2.9 What is your court's approach to recognition and enforcement of a foreign judgment when there is: (a) a conflicting local judgment between the parties relating to the same issue; or (b) local proceedings pending between the parties?

In order to recognise and enforce a judgment at common law, the party seeking enforcement (the claimant) must commence a new claim (by issuing a Claim Form) as one would for any other claim.

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

Judicial Tribunal for the Dubai Courts and DIFC Courts awards Dubai Courts jurisdiction in «conduit» cases: The Judicial Tribunal for the Dubai Courts and the DIFC Courts, established in 2016 to rule on conflicts of jurisdiction and conflicts of judgments between the two courts, has issued two recent decisions in cases where claimants obtained an order from the DIFC Courts recognising arbitral awards made outside the DIFC, where there was no connection with the DIFC, and where the order recognising the award was referred for enforcement to the Dubai courts for enforcement against assets located there.

Under enforcement the firm has dealt with issues ranging from judicial and non-judicial foreclosure to issues of monetary and non-monetary default, acceleration to legal and contractual lien, priority of creditors to transfer, enforcement of foreign judgments and conflict of law issues.

Basically, you have to comply with everbody's copyright law, when you operate a web page, unless there's an issue with a strange law in a country that has no legal reach into the UK (no treaty governing enforcement of foreign judgments).

Members can advise on the most beneficial jurisdiction to issue divorce proceedings, the service of proceedings overseas, valuation of assets and enforcement of overseas judgments.

While the case did not relate, actually, to enforcement of a judgment — but rather related to the issue of the compellability of a witness to give evidence against his own interests in a contempt hearing — the Court, in obiter, did make the following comment:

Once a judgment is obtained, any enforcement steps must be taken through the Court of Queen's Bench - which is not the court that issued your claim.

In private litigation, UK practitioners will be worried that issues of jurisdiction, forum and the enforcement of judgments will make international claims much more complicated than they are at present.

The issue before the Court of Appeal in Phillips was whether the English court or the Swiss court, in which proceedings had also been issued by the opposing party, had first become «seised of the matter» under Art 21 of the Lugano Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters 1988.

Although a world - wide injunction against enforcement of the judgment issued by the same US court was struck down, it seems likely that the Ontario court will take into account the US court holding in deciding whether to enforce the judgment against the assets of Chevron Canada (see para 77).

Failing to appear before a court of law in response to a citation issued by a law enforcement officer or not paying for tickets after a judgment has been rendered may lead to the suspension of your driving privileges.