Sentences with phrase «judgment enforcement matters»

Not exact matches

The parties have been unable to agree upon any of the matters of substance, in particular on the form of and territorial extent of any injunctive relief, upon the extent of any Island Records v Tring disclosure (relevant to the election of an inquiry as to damages or an account of profits), upon whether and if so in what form there should be an order for publicity of the judgment as an enforcement measure, upon the appropriate basis and order as to costs, upon whether the Claimants» costs should be reduced by reason of the fact that for a period an exclusive licence was not registered, upon the extent of any CPR 31.22 order in relation to alleged confidential information, upon whether there should be permission to appeal and upon whether there should be a stay pending any appeal.»

In Mubarak v Mubarak [2001] 1 FLR 698, [2000] All ER (D) 2302 the first post-Human Rights Act 1998 case on this jurisdiction (and see «Enforcement matters», David Burrows, 159 NLJ 7368, p 653), Brooke LJ emphasised the importance that the respondent, who faces what amounts to a criminal charge (see Engel and Others v The Netherlands (No 1)(1979) 1 EHRR 647), should know the case against him or her (ie McFarlane LJ's list: (a) and (b)-RRB-: «In Newman v Modern Bookbinders Ltd [2000] 2 All ER 814, [2000] 1 WLR 2559 judgment was given in [a case which is] far removed from the present.

From 10 January 2015, Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation (recast)-RRB- applies.

The Uniform Enforcement of Canadian Judgments Act is another matter altogether.

It covers such measures as Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation), Regulation 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (the Brussels II bis Regulation) or Regulation 864/2007 on the law applicable to non-contractual obligations (the Rome II Regulation).

In addition to acting in trials and arbitrations (both led and unled), Tom has considerable experience in interlocutory matters (including freezing injunctions, specific disclosure, summary judgment and security for costs applications), arbitration enforcement claims and appeals.

Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the «Recast Regulation») currently ensures that jurisdiction agreements contained in contracts are respected by all EU Member States.

This provision was first interpreted in Bier v Mines de potasse d'Alsace (then still under the pre-predecessor of the Regulation, the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters).

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

The common law also requires the enforcement of a foreign civil judgment where there is a real and substantial connection between the subject matter of the litigation and the foreign court.

The answer to this question is not a simple matter of translation, but, as we explain, requires a broader look at French law to understand the nature of the astreinte remedy in this case, in conjunction with an analysis of California law regarding the enforcement of foreign judgments.

The other two areas in which I practice are (1) probate and contested estate and trust matters, and (2) collections, judgment enforcement, and civil litigation.

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.

The Brussels I (recast), also known by its less pithy, formal title, Regulation (EU) No 1215/2012 «on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)», partially entered into force on 10 January 2013 and became fully applicable on 10 January 2015.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

The aims of the Brussels I (recast) are to provide unified rules on conflicts of jurisdiction in civil and commercial matters and to ensure the rapid recognition and enforcement of judgments given in member states (recital 4).

(5) Brussels Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (OJ L 299, 13.12.1972, p. 32; consolidated version, OJ C 27, 26.1.1998, p. 1).

At the Association, Mr. Wasserman represented member - entities in civil litigation matters, specializing in actions related to business transactions, collection and judgment enforcement, civil rights and guardianship.

Enforcement and sanctions imposed by the Greek authorities are not effective in other jurisdictions unless they meet the requirements of mutual assistance in criminal matters and mutual recognition of judgments through bilateral and multilateral treaties.

When the plaintiffs moved for an interlocutory judgment staying enforcement of the mortgages, the matter was reported to LAWPRO.

EU Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Recast Regulation) applicable to legal proceedings instituted on or after 10 January 2015.

There are several specific regimes pertaining to enforcement of judgments on specific subject matters such as shipping, aviation, intellectual property, etc..

Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed in Lugano on 30 October 2007 (Lugano Convention).

EU Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation) applicable to judgments given in legal proceedings instituted before 10 January 2015.

Declarations by Sweden and Finland pursuant to Article 59 (2)(a) of the Council Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

In this case, rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters are discussed.

Where a judgment has been given in respect of several matters and enforcement can not be authorised for all of them, the court shall authorise enforcement for one or more of them.

concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000

The present case concerned the rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

(12) Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.

Measures relating to the child's property which do not concern the protection of the child should continue to be governed by Council Regulation (EC) No 44/2001 of22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (7).

The courts of the Member State of enforcement may make practical arrangements for organising the exercise of rights of access, if the necessary arrangements have not or have not sufficiently been made in the judgment delivered by the courts of the Member State having jurisdiction as to the substance of the matter and provided the essential elements of this judgment are respected.

Pursuant to Article 59 (2)(a) of the Council Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000, Sweden hereby declares that the Convention of 6 February 1931 between Denmark, Finland, Iceland, Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship, together with the Final Protocol thereto, will apply in full in relations between Sweden and Finland, in place of the rules of the Regulation.

Pursuant to Article 59 (2)(a) of the Council Regulation concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000, Finland hereby declares that the Convention of 6 February 1931 between Finland, Denmark, Iceland, Norway and Sweden comprising international private law provisions on marriage, adoption and guardianship, together with the Final Protocol thereto, will apply in full in relations between Finland and Sweden, in place of the rules of the Regulation.

d) the judgment was obtained by fraud in connection with a matter of procedure; e) recognition or enforcement would be manifestly incompatible with the public policy of the requested State, including situations where the specific proceedings leading to the judgment were incompatible with fundamental principles of procedural fairness of that State; f) the judgment is inconsistent with a judgment given in the requested State in a dispute between the same parties; or g) the judgment is inconsistent with an earlier judgment given in another State between the same parties on the same cause of action, provided that the earlier judgment fulfils the conditions necessary for its recognition in the requested State.

Believing that such co-operation can be enhanced by uniform rules on jurisdiction and on recognition and enforcement of foreign judgments in civil or commercial matters,

(5) This Convention shall not affect the application by a Contracting State of a treaty which, in relation to a specific matter, governs jurisdiction or the recognition or enforcement of judgments, even if concluded after this Convention and even if all States concerned are Parties to this Convention.

(4) Recognition or enforcement of a judgment may be refused if, and to the extent that, the judgment was based on a ruling on a matter excluded pursuant to a declaration made by the requested State under Article 21.

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.

If you have a matter involving a jurisdictional challenge, or the recognition and enforcement of foreign judgments, please contact us for an initial consultation.

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.

Rule 60.18 allows a creditor to examine a debtor, among other things, about the reason for nonpayment, the disposal of a debtor's property before or after the making of the order, or any other matter pertinent to the enforcement of a judgment.

He has served as arbitrator, counsel, and expert witness in commercial and investor - state disputes under the ICC, ICSID, UNCITRAL, and VIAC rules, and has litigated complex transnational matters in the U.S. courts, including actions involving the enforcement of foreign law and foreign judgments.

Mr Baik also has experience in international judgment enforcement and asset recovery matters, including those relating to insolvency proceedings and involving fraudulent schemes to hide and embezzle misappropriated assets.

The recognition and enforcement of maintenance orders in EU member states was governed by Regulation 44/2001 of December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

In 2007 the European Community signed a treaty on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters with Iceland, Norway and Switzerland.

Although the Parenting Plan will be incorporated by reference into your divorce or paternity final judgment, it may be that law enforcement may not willing to enforce the provisions of it and say that it is a civil matter, which is true.