Foreign Judgments

News & Analysis as of

Enforcing Foreign Arbitral Awards where assets are in Saudi Arabia

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

Application of Home Country Inheritance Law

The Personal Status Law provides in Art. 1(2) the general rule that" the provisions of this law shall apply to non-UAE nationals" and the exception that "unless the foreigner elects to apply his or her personal status law"....more

Focus on Middle East dispute resolution

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

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

Childs Best Interest in the United Arab Emirates

Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody. In this...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 13:...

Why does this topic matter to organisations? In today's world, it is increasingly important to be able to move data freely to wherever those data are needed. However, the transfer of personal data to recipients outside...more

Arbitration Article Series IV. Enforcing Arbitration Awards

Parties wanting to enforce an award under the New York Convention must satisfy the requirements of the UAE Civil Code. In practice, enforcing arbitration awards can be a lengthy and unpredictable process. It is common for the...more

Arbitration Article Series I: Rise of Arbitration

The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects, there has been an...more

Brexit Q&A: Business Implications

On Thursday 23 June 2016, the UK electorate voted to leave the European Union. While this vote was advisory in nature, we expect that ultimately the UK Government and Parliament will respect the outcome and serve notice to...more

Brexit: How a Departure from the European Union Could Impact Your Dispute in the United Kingdom

If the United Kingdom (UK) votes to depart from the European Union (EU), the potential impact on litigation in the UK ranges from profound to negligible. Some UK laws owe their existence to direct European legislation, and...more

Middle East focus: 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 Dubai International Financial Centre (DIFC) Court of Appeal has delivered a landmark judgment which expands the jurisdiction of the...more

Banking Disputes Quarterly - Q1 May 2016

Welcome to the Q1 2016 edition of our Banking Disputes Quarterly, designed to keep you up to date with the latest news and legal developments and to inform you about future developments that may affect your...more

Recognition and enforcement of a Mainland judgment in Hong Kong: First reported decision

Significance of the Decision - The Mainland Judgments (Reciprocal Enforcement) Ordinance (“Mainland Judgments Ordinance”) allows recognition and enforcement of Mainland money judgments in Hong Kong by way of...more

Federal Court Remands Albanian Power Company’s Suit

In March, a New York federal court remanded an Albanian power company’s suit seeking enforcement of an Albanian court’s judgment. In Albaniabeg Ambient Sh.p.k. v. Enel S.P.A., the federal court reasoned that, although the...more

Enforcement in the UAE and Wider Middle East - The DIFC Court's Role as a Conduit Jurisdiction Explained

It is now critically important for in-house counsel, and all companies operating in the united Arab emirates, to take note of a newly-con rmed route for the enforcement of foreign court judgments and arbitral awards – as it...more

Supreme Court Decides Bank Markazi v. Peterson

On April 20, 2016, the Supreme Court decided Bank Markazi v. Peterson, No. 14-770, holding that Congress did not unconstitutionally infringe on the role of the judiciary when it passed the Iran Threat Reduction and Syria...more

Federal Courts Lack Jurisdiction Over Enforcement Of Foreign Judgments, Even Where Judgment Is Inconsistent With Earlier...

Plaintiff Albaniabeg, power plant operator, sought enforcement of an Albanian judgment in a New York state court against defendant Italian power companies. Section 205 of the FAA permits removal of an action that relates to...more

Garnishment Order Based on an Original Judgment Entered in a Maryland Court Sufficient to Garnish Wages of a Non-resident

In Daniel M. Mensah v. MCT Federal Credit Union, No. 54, Sept. Term, 2015 (Opinion by Battaglia, J.), the Maryland Court of Appeals, Maryland’s highest court, addressed an issue of first impression regarding wage...more

Enforcement Of EU Member State Judgment

Enforcement proceedings are not the appropriate avenue for appealing a foreign court judgment on the merits, and recognition and enforcement of an EU Member State judgment can only be refused in exceptional circumstances. In...more

DIFC Court confirmed as a ‘Conduit’ Jurisdiction for Enforcement

Executive Summary - In the DIFC Court of Appeal’s recent decision DNB Bank ASA v. Gulf Eyadeh [CA-007-2015], the DIFC court has confirmed its availability as a so-called ‘conduit’ jurisdiction. Parties may opt to enforce...more

Eid: A guide for UAE and KSA private sector employers

What has happened? In a recent decision, the DIFC Court of Appeal has handed down a judgment that has the potential to alter the enforcement landscape in the UAE significantly....more

Out of the Frying Pan: The Complexity of Enforcing a U.S. Judgment in India - U.S.-India Newsletter - Vol. 2016, Issue 1

Because the United States is a non-reciprocating territory, U.S. judgments do not qualify for expedited treatment under Indian civil procedural laws. As a result, the decree-holder must file a new suit to enforce the judgment...more

Litigation Update: Firebirds and Island Republics - Commerciality Prevails in Enforcing a Foreign Judgment Against a Foreign State...

The recent decision of the High Court of Australia in Firebird Global Master Fund II Ltd v Republic of Nauru [2015] HCA 43 brings the Australian approach to enforcement of foreign judgments against assets of a foreign State...more

Examination in England of a Non-Resident Foreign Officer of a Judgment Debtor

Obtaining a judgment is one thing, enforcing it is another. The location of a judgment debtor’s assets can be unknown or deliberately hidden. A judgment creditor may therefore wish to obtain information from a judgment debtor...more

28 U.S.C. § 1782: A Powerful Tool in Global Disputes

As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, §...more

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