Not exact matches
In an appeal he filed through his team of lawyers headed by J.B Daudu, SAN, Saraki prayed for «An order staying further
proceedings in Charge No: CCT / ABJ / 01 / 2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on November 5 and 6, 2015
pending the determination of the appeal
pending before the Supreme Court against the
judgment of the Court of Appeal dated October 30, 2015.»
In its Taricco I
judgment (analysed previously by M. Lassalle on this blog), the ECJ decided that national courts must disapply the rules of statutes of limitations periods for the duration of criminal
proceedings pending before a court, if such rules were liable to have an adverse effect on fulfilling by the Member States their obligations under Article 325 TFEU.
Similarly, the entire
judgment and the Court's main conclusion were premised on the situation where an arbitral tribunal interprets and applies EU law, indicating that the
judgment has no impact on
pending proceedings where EU law plays no (or only an indirect) role.
If a foreign
judgment is the subject of appeal in that jurisdiction, the English courts are likely to grant a stay on enforcement
proceedings pending the outcome of that appeal.
Pursuant to section 25 of the Civil Jurisdiction and
Judgments Act 1982, the English court can also grant provisional / interim measures such as freezing injunctions in support of enforcement of foreign judgments pending enforcement proceedings in
Judgments Act 1982, the English court can also grant provisional / interim measures such as freezing injunctions in support of enforcement of foreign
judgments pending enforcement proceedings in
judgments pending enforcement
proceedings in England.
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?
a) that ruling is inconsistent with a
judgment or a decision of a competent authority on that matter given in the State under the law of which the intellectual property right arose; or b)
proceedings concerning the validity of the intellectual property right are
pending in that State.
a) the court of origin was designated in a non-exclusive choice of court agreement; b) there exists neither a
judgment given by any other court before which
proceedings could be brought in accordance with the non-exclusive choice of court agreement, nor a proceeding
pending between the same parties in any other such court on the same cause of action; and c) the court of origin was the court first seised.