News & Analysis as of

Foreign Judgments

AFRICA - A Legal Guide for Business Investment and Expansion: Egypt

1 .What role does the government of Egypt play in approving and regulating foreign direct investment? Egypt has traditionally been a leader in the Arab world in the political, cultural, and economic spheres. Due to recent...more

Enforcement of Russian Judgement: OJSC Bank of Moscow v. Chernyakov & Ors [2016 EWHC 2583]

by Bryan Cave on

When the notorious Willy Sutton was asked why he robbed banks, he is said to have replied: “because that is where the money is.” In the same way, after obtaining a judgment against a defendant, a successful claimant has to...more

Punitive damages declared enforceable by the Italian Supreme Court (Italian)

by Dentons on

"Punitive damages" land in Italy - Le Sezioni Unite della Corte di Cassazione con sentenza n. 16601, pubblicata il 5 luglio 2017, hanno ritenuto ammissibile il riconoscimento in Italia dell’istituto dei danni punitivi o...more

In a landmark ruling, Indian court rejects objections to enforcement of a $300 million LCIA award

by White & Case LLP on

On 11 April 2017, the High Court of Delhi handed down its decision in the case of Cruz City Mauritius Holdings v Unitech Limited, rejecting objections to the enforcement of a US$300 million LCIA award....more

Enforcing Judgments in the U.K. and France After Brexit

by Faegre Baker Daniels on

Enforcing judgments expeditiously across borders is critical for multinational businesses. It is important to understand whether cross-border enforcement is practicable before pursuing proceedings. The EU has legislation...more

Midtown Acquisitions LP v Essar Global Fund Ltd [2017] EWHC 519 (Comm)

by Bryan Cave on

On 17 March 2017 Mr. Justice Teare delivered an important judgment concerning the enforcement of foreign (specifically New York) judgments in England. The case involved a New York procedure known as “Judgment by...more

A Primer for Enforcement in the U.S. of Foreign-Issued Arbitration Awards (Courtesy of the Second Circuit)

In CBF Industria de Gusa S/A v. AMCI Holdings, Inc., 2017 U.S. App. LEXIS 3815 (2d Cir. Mar. 2, 2017), the U.S. Court of Appeals for the Second Circuit provides something of a primer regarding enforcement in the United States...more

Is the Oasis now a Mirage? Dwindling scope of the DIFC Courts' 'conduit jurisdiction'

by White & Case LLP on

Recent decisions of the Judicial Tribunal and the Dubai Court of First Instance limit the scope of the DIFC Courts' 'conduit jurisdiction'.   ...more

New Jersey State Court Refuses To Bind Plaintiffs To A Bermuda Court Judgment Where They Were Not Parties To That Action

by Carlton Fields on

A New Jersey state court recently held that the former shareholders of an insurance holding company suing its E&O insurers were not bound by a Bermuda court’s prior judgment where they were not parties to the suit in which...more

Enforcement of an International Arbitration Award in a Non-New York Convention Country

You presented your case, and the arbitration tribunal came back with a reasoned decision and an award in your favor. You even had the award confirmed here in the United States. You want to enforce it. But you find that the...more

The DIFC Court as a "conduit jurisdiction" - new development

by DLA Piper on

The power of the Dubai International Financial Centre (DIFC) Court to act as a so-called "conduit" jurisdiction for the enforcement of arbitral awards rendered in mainland Dubai (Onshore Dubai) has been severely restricted by...more

The DIFC Courts - a conduit jurisdiction no more

by Hogan Lovells on

As we predicted in our Annual Seminar on Recent Developments in the UAE Dispute Resolution Landscape, back in November 2016, the use of the DIFC Courts as a "conduit jurisdiction" has been called into question....more

Stars Align As Second Circuit Limits Orion

by Polsinelli on

The Second Circuit recently reversed and remanded for further proceedings a S.D.N.Y decision dismissing claims asserted by POLSINELLI clients CBF Indústria de Gusa S/A, Da Terra Siderúrgica LTDA and several other Brazilian...more

Corporate Veil Preserved: Court Dismisses Action Against Canadian Subsidiary in Chevron Case

On January 20, 2017, in Yaiguaje v. Chevron Corporation, the Ontario Superior Court of Justice (Commercial List) (Court) dismissed the plaintiffs’ action to execute against the shares and assets of Chevron Canada Limited...more

The Corporate Veil Matters

by Bennett Jones LLP on

In two related decisions, the Ontario Court has said, resoundingly, that it will respect the corporate veil, even for complicated corporate groups with numerous subsidiaries. Both decisions involve the enforcement of foreign...more

Kazakhstan Ordered to Pay $506 Million for Crude Expropriation of Oil and Gas Investments

In a case that highlights both that governments are not above the rule of law and that it is difficult to swiftly enforce arbitral awards, a Swedish appeals court, on December 12, 2016, upheld a $506 million award against...more

Supreme Court Calls for the Views of the Solicitor General in a Case That the 7th Circuit Could Not Review En Banc

by Foley & Lardner LLP on

Last summer, we wrote about a unique situation that arose in the case of Rubin v. Islamic Republic of Iran, No. 14-1935 (7th Cir. July 19, 2016), in which the Seventh Circuit found itself unable to assemble a “majority” of...more

Why Brexit is Not Bad News For UK-Based Arbitration and Litigation

by Dechert LLP on

A lot has been said about the uncertainties surrounding Brexit and its likely impact on doing business with and within the UK. Will London remain Europe’s financial centre? Will the UK reinstate customs duties on imports and...more

Brexit Produces New Problems for Enforcing Judgments in Europe

In a highly integrated economy like Europe’s, cross-border litigation is common. Oftentimes, a suit may be brought in a court in one EU country against a defendant with assets in many EU countries, so that a judgment from...more

[Webinar] Meritas Capability Webinar - Brexit The Constitutional Legal Hurdles to leaving the EU - October 26th, 9:00a.m. CDT /...

Mark will talk about the legal implications which flow from the UK's Referendum on 23 June which decided that the country should leave the European Union....more

Enforcement of Foreign Judgments and Arbitral Awards in the Kingdom of Saudi Arabia

by Shearman & Sterling LLP on

In 2012, the Kingdom of Saudi Arabia introduced a new Arbitration Law (the “Arbitration Law”) which replaced the previous Arbitration Law of 1983. The Arbitration Law is largely based on the 1985 UNCITRAL Model Law on...more

Asia Pacific Restructuring & Insolvency Guide: Hong Kong

by White & Case LLP on

This is the Hong Kong chapter of the second edition of the White & Case Asia Pacific Restructuring and Insolvency Guide... ..Introduction - On 1 July 1997, Hong Kong became a Special Administrative Region of the...more

Enforcing Foreign Arbitral Awards where assets are in Saudi Arabia

by Reed Smith on

A recent case may represent a tangible sign that the enforcement of foreign arbitral awards in KSA has entered a new era. Saudi Arabia has recently enforced a US$18.5 million foreign arbitral award rendered under ICC Rules,...more

Focus on Middle East dispute resolution

by Dentons on

The Dubai International Financial Centre as a conduit jurisdiction - In DNB Bank ASA v. Gulf Eyadah Corporation and Gulf Navigation Holdings PJSC CA 007/2015, the DIFC Court of Appeal has delivered a landmark judgment...more

Second Circuit Upholds Confirmation Of Mexican Arbitration Award And Denial Of Comity To A Contrary Mexican Judgment

by Carlton Fields on

On December 12, 2013, we reported on a United States District Court’s confirmation of a roughly $400 million Mexican arbitration award entered against an oil company affiliated with the Mexican government, notwithstanding...more

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