Foreign Judgments

News & Analysis as of

New York Court Recognizes Foreign Criminal Judgment in Case of First Impression

On April 1, 2014, a New York state appellate court held that a judgment rendered by a foreign criminal court that required the defendant to make a payment of money to victims of his fraud was capable of domestication under...more

Recognition Of Foreign Country Judgments In The United States: A Primer

Transnational litigation is an expanding field, fueled by globalization, cross-border transactions and the pervasive movement of assets across national borders. As a consequence, the issue of recognition and enforcement of...more

Russian Court Recognizes a Northern Ireland Court Decision in Order to Fullfill International Legal Obligations to Combat...

This alert examines a recent resolution of the Presidium of the Supreme Commercial Court of the Russian Federation (“SCC”), No. 6004/13, dated 8 October 20131 (“Resolution”), which recognized in the Russian Federation the...more

Game-changer: Harneys opens door to foreign enforcement actions in the BVI

Harneys has successfully brought an action that changes the law relating to the access of the BVI Courts to enforce a foreign judgment. The Court of Appeal victory was quickly followed by a change in the civil procedure rules...more

Further Cause for Alarm for Canadian Corporations with Foreign Operations

We last wrote in July 2013 about Choc v Hudbay Minerals Inc., 2013 ONSC 1414, a decision which seemed to signal an increased willingness by an Ontario court to assume jurisdiction in a case of alleged wrongdoing by a foreign...more

Court clarifies enforceability of foreign judgments in BVI

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 service out of foreign judgments and arbitral awards. The...more

Position of the Supreme Commercial Court of the Russian Federation concerning denial of recognition and enforcement of foreign...

On 27 December 2012, a Resolution of the Presidium of the Supreme Commercial Court of the Russian Federation (the “Supreme Commercial Court”) No. 7805/12, dated 23 October 2012, (the “Resolution”) was published. The...more

Personal Jurisdiction Over Judgment Debtor Not Necessary to Domesticate Foreign Judgment

A judgment creditor sought to domesticate and enforce foreign judgment in Florida. The judgment debtor challenged enforcement on the grounds that Florida lacked personal jurisdiction over the judgment debtor...more

Enforcement Of Foreign Judgments In Australia

In an increasingly globalised business environment, it is not uncommon for a company or individual to enter into transactions or hold assets in several jurisdictions around the world. If such a company or individual were to...more

Russia’s Supreme Arbitrazh Court Summarizes Application of the Public Policy Clause

As in many other countries in the world, in Russia the violation, by a foreign state court judgment or arbitral award, of the public policy constitutes a ground to deny recognition and enforcement of such judgments and...more

Qualitative shift: Saudi Arabia's new Enforcement Law

Saudi Arabia is currently going through major legislative and regulatory reforms. One of the most significant is the new Enforcement Law, issued by Royal Decree No. M/53, which is now in effect in the Kingdom of Saudi...more

Rubin: Enforcement of US Judgments in England

UK Supreme Court decision confirms traditional rules on enforcement of all US judgments in England and reverses a significant liberalisation of cross-border bankruptcy law....more

Enforcing US Arbitral Awards in Ontario

Every common law province except Ontario has passed legislation implementing the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Ontario instead adopted the United Nations’ Model Law on...more

Enforcing US Judgments in Ontario

The Supreme Court of Canada confirmed in Beals v. Saldanha that the principles of comity must be applied when considering and enforcing judgments of other courts. Ontario courts will generally recognize and enforce American...more

Class Members in Ontario Securities Action Can Be Bound by Settlement of Parallel U.S. Class Proceeding

An Ontario court has just released a welcome decision for issuers who may find themselves defending parallel securities class actions in multiple jurisdictions. In the decision, the judge held that members of a class...more

Patton Boggs Reinsurance Newsletter- March 2013: Texas Appellate Court Concludes that Foreign Country Judgments Assessing Costs...

A Texas intermediary appellate court affirmed a trial court's denial of an cedent's motion for nonrecognition of certain foreign country judgments. Following the dismissal of a suit brought by the cedent against a reinsurer...more

UK-UAE Trade and Investment Promoted by Memorandum between English Commercial Court and Dubai’s DIFC Court

The Commercial Court of England and Wales and the Dubai International Financial Centre Courts (DIFC Courts) signed a Memorandum of Guidance (MoG) on 23 January 2013 concerning the enforcement of judgments between the two...more

Brussels Regulation Reforms: Key changes and their implications

The European Economic and Monetary Affairs Council has approved amendments to the Brussels Regulation (EC Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial...more

Doing Business in Canada: Fraud Law

Advances in technology, telecommunications and electronic fund transfer have brought about a marked increase in the amount of fraud perpetrated across borders. While Canada is not immune from these developments, combating...more

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