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Jurisdiction Foreign Judgments

K&L Gates LLP

UAE Courts Demonstrate Willingness to Enforce Foreign Judgments

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In a recent decision dated 15 August 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 339 of 2023 (Civil) confirmed that a judgment from a foreign court may be enforced in the United Arab Emirates (UAE)...more

K&L Gates LLP

Another Step Forward for Enforcement of Foreign Court Judgments in the United Arab Emirates

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In a recent decision dated 4 June 2024, the Dubai Court of Cassation (Court of Cassation) in Case No. 392 of 2024 held that a summary judgment issued by the Ontario Superior Court of Justice, Canada, recognizing a restitution...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether Holocaust Survivors’ Lawsuit Against Hungary in the United States for Expropriation of Their...

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After it became clear that they would lose World War II, Nazi Germany and Hungary raced to complete their eradication of the Jews before the Axis surrendered. The Axis powers wiped out more than two-thirds of Hungary’s...more

K&L Gates LLP

Dubai Creates New Entity to Resolve Jurisdictional Disputes Between the DIFC Courts and Other Judicial Bodies

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Background - In Dubai, there has been scope for jurisdictional conflicts to arise between the common law, English language Dubai International Financial Centre (DIFC) Courts, and the ‘onshore’ Dubai Courts, which are Arabic...more

Alston & Bird

European Enforcement Guide

Alston & Bird on

In the current economic climate, it is important that lenders understand how they can enforce security and debt claims, to help in assessing options in the event of default by their customers, and when structuring new...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

K&L Gates LLP

If You Cannot Enforce a Judgment in Your Jurisdiction, You May Still Be Able to Enforce in England

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In the recent case of Invest Bank PSC v. Ahmad Mohammed El-Husseini and Others [2023] 2302 (Comm), the High Court of England and Wales determined that two monetary judgments issued in the United Arab Emirates (UAE) could be...more

Latham & Watkins LLP

China Amends Foreign-Related Civil Procedure Rules

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On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more

Conyers

Sun Vessel Global Limited v HQ Aviation Limited and Great Lakes Insurance (UK) SE: Synopsis on Costs

Conyers on

Sun Vessel Global Limited (Appellant) v (1) HQ Aviation Limited, (2) Great Lakes Insurance (UK) SE (Respondents) Judgment given on 9 January 2023. Court’s Jurisdiction to reconsider matters before delivery of its perfected...more

Conyers

Private Client & Trust Bulletin – Fall 2021

Conyers on

Welcome to the sixth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. This edition features articles on offshore...more

McDermott Will & Emery

Mezhprom v Lenux (2021) : When Should Offshore Trustees Participate in Foreign Proceedings?

McDermott Will & Emery on

A recent decision in a British Virgin Islands court case has raised a number of questions regarding the enforcement of foreign judgments in offshore jurisdictions that have implemented firewall legislation, and highlights...more

Conyers

Trust and Estates Law & Tax Journal Article – When can an offshore court act as an auxillary court?

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Offshore: What is appropriate? Robert Lindley and Wesley O’Brien discuss cases where offshore family courts act as auxiliaries to those onshore - Generally, for a foreign judgment to be capable of enforcement in an...more

Hogan Lovells

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

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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

Latham & Watkins LLP

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

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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

Kennedys

Bermuda: Enforcement of Foreign Judgments 2021

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1. Country finder - 1.1 Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply. Originally published...more

Latham & Watkins LLP

Enforcement of Foreign Judgments 2021

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Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what...more

Snell & Wilmer

SB1447 Reciprocal Foreign Country Money Judgements - What This Means for Relations Between Arizona and Alberta, Canada

Snell & Wilmer on

I. Arizona and Alberta, Canada Using SB 1447 to Enhance Cooperative Relationship. In 2015, Senate Bill 1447 (“SB 1447”) was approved and signed into law by Arizona Governor Doug Ducey. SB 1447 was enacted to provide...more

Ward and Smith, P.A.

Finishing the Job: The Importance of Domesticating a Foreign Judgment

Ward and Smith, P.A. on

How does a creditor enforce a judgment against a debtor who either relocates to another state, or owns property in another state? If the judgment is not paid and satisfied, can the creditor follow the judgment-debtor...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

White & Case LLP on

With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Hogan Lovells

CJEU judgment changes landscape for investor-State arbitration in the EU

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On 6 March 2018 the Court of Justice of the European Union (“CJEU”) issued its judgment in Case C-284/16 Slovak Republic v Achmea BV.  The CJEU ruled that investor-State arbitration clauses in investment treaties concluded...more

Blank Rome LLP

Governor Christie’s Final “Act”

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On his final day in office, Governor Christie signed into law a dramatic change in how judgments obtained in foreign countries are domesticated in New Jersey. First introduced in 2015, the Foreign Country Money-Judgments...more

Hogan Lovells

A closer look at the Judicial Tribunal and its Key Decisions of 2017

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Since this landmark decision, a number of decisions were made by the JT in 2017 and a definite jurisprudence has emerged. • the JT's decisions giving guidance as to what is a "conflict of jurisdiction";...more

Dechert LLP

Restructuring and Insolvency Bulletin Issue 2 - 2017: An update on COMI shifting to take advantage of the best insolvency tools to...

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The EU has taken aim at fraudulent or abusive forum shopping in the Recast Insolvency Regulation, acknowledging the potential for misuse by debtors seeking to take advantage of more flexible insolvency processes available in...more

BCLP

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

BCLP 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

Hogan Lovells

The DIFC Courts - a conduit jurisdiction no more

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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

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