Sentences with phrase «to enforce a foreign judgment»

The effect of applying for summary judgment is that the process of enforcing the foreign judgment is expedited and simplified.

A court enforcing a foreign judgment is enforcing the obligation created by that judgment.

Would not a rule like the Canadian one of not enforcing a foreign judgment if the foreign court did not have a real and substantial connection with the controversy be enough to refuse enforcement?

[55] A court enforcing a foreign judgment is enforcing the obligation created by that judgment.

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 is because proceedings commenced in England by a judgment creditor for the purpose of enforcing a foreign judgment against a State do not qualify as «proceedings relating to a commercial transaction for the purposes of s. 3 (1) of the State Immunity Act 1978».

Ms Goodwin does not say whether Canadian courts should enforce foreign judgments without regard to whether they were procured by fraud.

I think the decision is right, in that the grounds for taking jurisdiction to enforce a foreign judgment do not require the same connection with the requested court (ours) as would taking jurisdiction over the lawsuit itself.

Courts throughout Africa are increasingly seized with applications to recognize and enforce foreign judgments as well as foreign arbitral awards.

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.

Unless Explanation VI applies to the different parties, section 11 would not apply to stop the Court from enforcing the foreign judgment.

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.

The case focuses on the test for jurisdiction of a Canadian court to enforce a foreign judgment when the only connection to the province is the presence of a wholly - owned subsidiary of the foreign parent corporate defendant.

However, it remains to be seen how the Execution Court will treat the DIFC judgment if the judgment debtor raises an argument that the DIFC Court has been used as a conduit to enforce a foreign judgment in Dubai without having had to go through the Dubai Courts.

The Civil Procedure Law of China authorizes Chinese courts to enforce foreign judgments if there is a reciprocal enforcement treaty with the foreign country in question or if the courts of the foreign country in fact provide reciprocity, but always subject to a broad exception on the basis of undefined public policy.

On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.

A law firm represented a lawyer with respect to the lawyer's unsuccessful defence of an action to enforce a foreign judgment.

Whether you are enforcing a foreign judgment, seizing a vehicle or other collateral, or beginning a collections case, our collections attorneys are some of the most skilled in the Commonwealth of Massahusetts.

The current rules do not seem to enable defendants to place significant obstacles in the path of plaintiffs seeking to enforce foreign judgments.

It is a significant change to the long - standing position in the UAE, which has made it difficult (and in fact, often impossible) to enforce foreign judgments in this jurisdiction.

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.»

All was well for those of us who seek to enforce foreign judgments, until a 2008 decision of the BC Court of Appeal.

Judgment creditor plaintiffs generally do not throw good money after bad by going around seeking to enforce their foreign judgments in jurisdictions in which their judgment debtors do not have assets.

Key decision before the Eastern Caribbean Court of Appeal On Thursday 5 December the ECSC Court of Appeal handed down an order bringing much needed clarity to the Eastern Caribbean Civil Procedure Rules (the CPR) relating to leave to serve out for the purpose of enforcing foreign judgments.

a previous DIFC Court of Appeal precedent that the DIFC Courts have jurisdiction to recognise and enforce foreign judgments, remains a binding precedent.

That principle would seem to be especially rock - solid when those documents are the subject of a subpoena addressed to adversary counsel in related litigation (in this case, to enforce a foreign judgment).

In his judgment the Chief Justice Michael Hwang SC stated: «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.»

Presenter, «Enforcing Foreign Judgments and Asset Tracing in the US,» 2009 Ontario Bar Association Institute, February 2009

An agency of the government of Japan in an action to enforce a foreign judgment in the United States.

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.

Presenter, «Enforcing Foreign Judgments in the US: Issues and Developments,» Union Internationale des Avocats Winter Seminar, March 2006

Nevertheless, in view of section 11 of the CPC (read with section 13 of the CPC), the Myanmar court is (a) unlikely to enforce the foreign judgment, if it was decided later in time to the conflicting local judgment; and (b) likely to accord primacy to a prior foreign judgment between the parties which may be recognised under Myanmar law.

A person seeking to enforce a foreign judgment in Myanmar must file a suit in Myanmar, as plaintiff, against the judgment - debtor, as defendant.

(i) The presence of assets within the jurisdiction is not a pre-condition for the court's jurisdiction under CPR 6.20 (9) to permit service of a claim form out of the jurisdiction to enforce a foreign judgment.