Pribetic, "Strangers in a Strange Land''- Transnational Litigation, Foreign Judgment
Recognition, and Enforcement in Ontario, J.
There is no doubt that questions of court access and foreign judgment
enforcement implicate both foreign policy and economic vitality.
Justice Lynch, on behalf of the bench, wrote that challenging the validity of a foreign judgment
under the Recognition Act may only occur as a defensive measure in response to enforcement (similar to the "shield not sword" doctrine of estoppel in English contract law).
Right now they are working from their home jurisdiction but they're realising that it's not easy to enforce foreign judgment
particularly from their financial centres.
Given this reluctance on the part of the participating European countries to bind absentees, it is critical to determine which country's preclusion law the courts in these countries would apply to determine the binding effect of a foreign judgment
75) The court of the country in which the enforcement of the foreign money judgment is sought will typically conduct a hearing to determine whether the foreign judgment
meets the local law requirements for enforcement.
The Convention also lists seven exclusive grounds upon which the court of a Contracting State may decline to recognize or enforce a foreign judgment
under the Convention.
190 dated 16/11/1409 (H) [20/6/1989 (G)] (Rules) specifies the requirements that must be satisfied for enforcement of a foreign judgment
Article 3 155(4) of the CCQ contains a definite and absolute rule: a Quebec court must not recognize a foreign judgment
if there is a dispute pending in Quebec or a Quebec judgment.
creditors' rights after the recognition of the foreign judgment
The total reached $24 million when a Kansas bank recently filed a foreign judgment
against Clary and his wife, Cynthia, in Pulaski County Circuit Court.
The law--authored by Assemblymen Rory Lancman and Tom Alfano and Senate Deputy Majority Leader Dean Skelos--bars New York courts from enforcing such foreign libel judgments, and expands a person's ability to have a court declare a foreign judgment