Sentences with phrase «seeking enforcement of a judgment»

As a result, the plaintiffs, residents of rural Ecuador harmed by the defendant Chevron's pollution in the Lago Agrio region, can seek enforcement of a judgment of an Ecuadorian court in Ontario.

The Supreme Court of Canada has recently stated in Chevron Corp. v. Yaiguaje that a party seeking enforcement of a judgment in Ontario does not have to show a real and substantial connection between Ontario and the foreign judgment debtor.

A default judgment — which can be multimillions of dollars — allows the plaintiff to seek enforcement of that judgment against the financial and other assets of the foreign government held in the US.

Not exact matches

(A) The competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy of such judgment that the court deems necessary to a determination of whether the consent judgment is in the public interest; and

The Bank then brought proceedings for the recognition and enforcement of the judgment in the DIFC Courts, seeking, among other things, judgment in the amount of the English judgment sum.

«In light of the economically significant relationship between Chevron and Chevron Canada, and given that Chevron Canada maintains a non-transitory place of business in Ontario, an Ontario court has jurisdiction to adjudicate a recognition and enforcement action against Chevron Canada's indirect corporate parent that also names Chevron Canada as a defendant and seeks the seizure of the shares and assets of Chevron Canada to satisfy a judgment against the corporate parent.»

LAwPRO counsel also participate in seeking resolution of many claims via negotiation, mediation and arbitration; and take all reasonable steps to recover costs, through the enforcement of judgments and costs orders, and by pursuing reimbursement from third parties.

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?

Yet, the plaintiffs have not sought the recognition and enforcement of their foreign judgment in the place of their judgment debtor's residence or place of business and, instead, have come to Ontario arguing that the assets nominally held by a stranger to the foreign Judgment should be made available to satisfy it.

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.

The Riyadh Convention is a treaty for the mutual enforcement of judgements but in my view, it is not an applicable treaty for this purpose, since neither the Claimant, the DIFC Court nor the UAE is seeking to enforce a judgment in Iraq, at least at this stage.

She seeks and defends claims for urgent injunctive relief, co-ordinates international claims (including identifying assets) and advises on multi-jurisdictional enforcement of judgments.

Appellees, Playtime Theatres, Inc., and Sea - First Properties, Inc., filed an action in the United States District Court for the Western District of Washington seeking a declaratory judgment that the Renton ordinance violated the First and Fourteenth Amendments, and a permanent injunction against its enforcement.

In light of this interpretation of the State Immunity Act 1978, enforcing judgments against a State which has not expressly waived immunity in relation to enforcement proceedings is made particularly difficult as there is little ammunition available to the judgment creditor seeking to defeat a sovereign immunity defence.

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.

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.

A court of a Member State in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the Member State of origin by reason of an appeal.

the term «Member State of enforcement» shall mean the Member State where enforcement of the judgment is sought;

The provisions of this Section shall not prevent a holder of parental responsibility from seeking recognition and enforcement of a judgment in accordance with the provisions in Sections 1 and 2 of this Chapter.

(4) Recognition or enforcement may be postponed or refused if the judgment is the subject of review in the State of origin or if the time limit for seeking ordinary review has not expired.

(2) Where recognition or enforcement of a judgment given in a Contracting State that has made such a declaration is sought in another Contracting State that has made such a declaration, the judgment shall be recognised and enforced under this Convention, if -

Third, this paragraph allows covered entities to disclose protected health information about an individual without the individual's agreement if the disclosure is expressly authorized by statute or regulation and either: (1) The covered entity, in the exercise of its professional judgment, believes that the disclosure is necessary to prevent serious harm to the individual or to other potential victims; or (2) if the individual is unable to agree due to incapacity, a law enforcement or other public official authorized to received the report represents that the protected health information for which disclosure is sought is not intended to be used against the individual, and that an immediate enforcement activity that depends on the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure.

It was accepted by all that Ainsworth had breached U.S. copyright law by selling the helmets in that country, and as part of the action against him in England, Lucasfilm was seeking to have the U.S law of directly enforced against Anisworth and as well sought, in the alternative, enforcement of the judgment for the U.S. breach.

At 44, she argues that it is not clear to what extent that injunction might be contrary to basic principles of Latvian substantive law or procedural law, especially since, as the referring court acknowledges, the Latvian legal order does permit judgments as provisional measures without a prior hearing of the party against whom enforcement is sought.