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Enforcement of Foreign Judgments

A&O Shearman

United Kingdom and the ratification on 27 June 2024 of the Hague Convention on the Recognition and Enforcement of Foreign...

A&O Shearman on

On 27 June 2024, the United Kingdom ratified the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Considering the complex international legal framework...more

Jones Day

New Global Enforcement Regime: UK Signs Up to 2019 Hague Convention

Jones Day on

The Situation: On January 12, 2024, the United Kingdom signed up to the Hague Convention of July 2, 2019, on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters ("Hague 2019")....more

Mayer Brown

English High Court enforces foreign judgment that is unenforceable in the jurisdiction of origin

Mayer Brown on

The English High Court held in Invest Bank PSC v El-Husseini [2023] EWHC 2302 that a foreign judgment with res judicata effect in its jurisdiction of origin can be enforced in England at common law even if it is unenforceable...more

Cooley LLP

UK to Sign Hague Convention on the Recognition and Enforcement of Foreign Judgments

Cooley LLP on

The Ministry of Justice has published the UK government’s response to the consultation on joining the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters,...more

Miller Canfield

U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards

Miller Canfield on

The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more

Foley & Lardner LLP

Availability of RICO Claims to Foreign Holders of Arbitral Awards

Foley & Lardner LLP on

The United States Supreme Court may soon provide to foreign holders of arbitral awards a powerful tool to enforce the awards in the United States against recalcitrant parties and their enablers — a claim under the Racketeer...more

Hogan Lovells

Post-Brexit - How to enforce UK judgments in the Netherlands?

Hogan Lovells on

Pre-Brexit and during the transition period, UK judgments were enforced within the EU on the basis of the Brussels I Recast. Judgments were easily enforceable in other member states without any declaration of enforceability...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Arbitration and Social Media

This week, the Court addresses whether the Federal Arbitration Act’s grounds for vacatur are available to challenge an arbitration award governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards...more

Jones Day

UAE Ministry of Justice Encourages Dubai Courts to Find Reciprocity When Considering Enforcement of English Court Judgments

Jones Day on

In Short - The Situation: On September 13, 2022, the United Arab Emirates ("UAE") Ministry of Justice ("MoJ") sent a letter to the Dubai courts stating that the MoJ considers the recent UK High Court decision in Lenkor...more

Morgan Lewis

English and Dubai Courts Take Steps to Develop Enforcement Reciprocity

Morgan Lewis on

A new direction from the UAE Ministry of Justice will allow courts in Dubai to enforce judgments and orders issued by English courts. The United Arab Emirates (UAE) and English governments have never entered into a...more

Hogan Lovells

Actualités Législatives et Réglementaires – Juillet/Août 2022

Hogan Lovells on

Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires pour les mois de juillet et août 2022. Ces Actualités...more

BCLP

Recent decision on enforcing a South Korean judgement in Hong Kong: Application of common law principles

BCLP on

Hong Kong is not a party to the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Accordingly, the two mechanisms by which a foreign judgment may be enforced in Hong Kong...more

Conyers

Enforcement of Investment Treaty Arbitration Awards in the BVI: Applicable Law and Rules

Conyers on

The International Centre for Settlement of Investment Disputes (ICSID) is an international institution, created under the auspices of the World Bank, which is arguably the world’s leading international institution for the...more

Morgan Lewis

High Court Issues Decision on Adjournment Applications & Enforcement of Foreign Judgments in England

Morgan Lewis on

The judgment of Mr Justice Henshaw of the High Court of England and Wales was handed down on 10 January 2022 in Barclays Bank plc v Shetty. The judge ruled that while the High Court will adjourn a hearing if it is in the...more

Ward and Smith, P.A.

Pushing the Limits: Nielson v. Schmoke Clarifies the Outer Limits of Domesticating Foreign Judgments

Ward and Smith, P.A. on

The North Carolina Court of Appeals issued a decision recently, providing clarity on how much time creditors have to domesticate a foreign judgment to North Carolina.  While the current statutory framework may appear...more

Hinshaw & Culbertson - Insights for Insurers

The Continued Rise Of The New York Convention And The Fall Of The "Bellefonte Cap."

Another Circuit Court Holds That the New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes - On August 12, 2021, the U.S. Court of Appeals for the Ninth Circuit held that Article II, Section...more

Hogan Lovells

The CCJA’s stance on arbitrators’ duty to disclose: the International Business Corporation case

Hogan Lovells on

The ability of parties to be involved in the selection of the arbitral tribunal from the outset is a distinguishing feature of contemporary international arbitration, and probably what parties consider to be one of the key...more

Morgan Lewis

A Game-Changer on the Question ’Forum-Selection or Arbitration Clause?’ Or Just Causing ‘Torpedoes?’

Morgan Lewis on

The Hague Convention on Choice of Court Agreements (The Hague Convention) enables global judgment enforcement. It has been ratified by 32 States. Among them are all EU member states, the United Kingdom, Singapore, and Mexico....more

Hogan Lovells

The latest view: Enforcement of judgements in a post-Brexit world

Hogan Lovells on

On 31 December 2020 the Brexit Transition Period ended. Although the UK and EU have agreed some elements of their future trading relationship in the EU-UK Trade and Cooperation Agreement, this does not make long-term...more

Jones Day

The Full Court of the Federal Court of Australia Affirms the Paramountcy of the Parties' Agreement in International Arbitration

Jones Day on

The Situation: On 25 June 2021, the Full Court of the Federal Court in Hub St Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 116 (Hub v Energy City Qatar) refused to uphold the enforcement of an arbitral...more

White & Case LLP

Iraq ratifies the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

White & Case LLP on

On 31 May 2021, Iraq ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Introduction - Until recently, it was challenging to enforce an international arbitral award in the...more

Conyers

10 Things Every Lawyer Should Know About the British Virgin Islands

Conyers on

A quick reference guide to some of the most frequently asked questions arising out of financing transactions involving British Virgin Islands (BVI) companies. 1. Registered agents - BVI companies are required to...more

Proskauer - Minding Your Business

Tenth Circuit Finds FAA Defenses Applicable to Nondomestic Arbitral Awards

The U.S. Court of Appeals for the Tenth Circuit recently held for the first time that parties opposing confirmation of nondomestic arbitral awards (i.e., awards issued in disputes involving property located or conduct...more

White & Case LLP

Supreme Court of India ruling allows for foreign-seated arbitrations between Indian companies

White & Case LLP on

The Supreme Court of India has clarified that two Indian parties may elect to arbitrate in a non-Indian forum, and that interim measures for such an arbitration will be available in Indian courts. This ruling gives...more

Latham & Watkins LLP

What Rules Will Apply to Jurisdiction and the Enforcement of Judgments After Brexit? Part Five

Latham & Watkins LLP on

Will the UK join the Lugano Convention 2007? Conflicting reports have emerged in recent days as to whether the EU will approve the UK’s application to join the Lugano Convention 2007, the UK’s preferred regime for...more

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