1162:
corporation carrying on the business of the corporation from a fixed place. Either of these criteria will determine the company is present. This is designed to prevent the argument that the company is present wherever a company officer or director is present. If the representative/servant has the power to bind the corporation into a contract without seeking approval from other entities abroad, presence will be determined. The difficulty of determining presence of a company derives primarily because it is difficult to apply to the margins. Travelling salesmen certainly operate in jurisdictions on behalf of companies, enjoying the benefit of economic markets, and under the current criteria would not be considered "present". The U.S. model operates on the assumption that the conclusion of any contract will bind the corporation in that jurisdiction. Further, the common law's ignorance as to the content of the judgment itself. This was seen notably in
1175:
adjudicating court failed to give effect to a choice of court clause or arbitration agreement. A party will not sufficiently submit to a jurisdiction by simply agreeing to a contract in a foreign jurisdiction. If, for example, parties 'A' and 'B' agreed to be bound to a contract which included the terms "this contract shall be governed by the law of
England and Wales and the English courts shall have exclusive jurisdiction to decide matters arising from the contract", both parties will be unable to commence proceedings in New York, even if the New York court considers the exclusive jurisdiction clause to be invalid. If 'A' brings proceedings, the English court will not recognise the judgment of a New York court regardless of whether 'B' attends the foreign jurisdiction to contest the jurisdiction of the New York court. Section 33 of the
770:
judgment may still be appealed in the court system which issued it, and if an action is launched to enforce that judgment in Canada, the
Canadian judge may issue a stay pending the outcome of the appeal. It is important to note that there is no automatic right to a stay given a pending appeal in the foreign jurisdiction, nor does the fact that a case is appealable have any bearing on its finality and thus enforceability. Factors that courts consider when contemplating a stay in this circumstance include whether the appeal was brought promptly and whether either party would suffer a loss as a result of the stay. In Quebec, however, a foreign judgment that is still subject to appeal cannot be enforced in Canada, even if it can be enforced in the foreign jurisdiction.
1097:, was one of a more open enforcement of foreign judgments by enforcing the foreign judgment if the foreign jurisdiction can be determined (by the Canadian court) as being the natural forum for the resolution of the dispute, or that there was a real and substantial connection between the foreign jurisdiction and the dispute. This is a substantial deviation from the English approach, and one that, in the English context, would bring forth more problems than it would solve. By contrast, the doctrine of obligation, engaged between the two adjudicating parties, underpins the English approach. It focuses on the action of the defendant, whereas the Canadian approach does not focus on the defendant's action.
666:
for example, defending himself at trial) or the judgment was obtained by confession (meaning the other side signed paperwork allowing a judgment to be entered against him). Instead, a party wishing to domesticate the foreign default judgment or foreign judgment obtained by confession must bring another action in New York State "on the judgment" where the relief sought is to have the foreign judgment domesticated in New York State. Moreover, a quicker "motion-action" procedure is available in New York where the owner of the foreign default judgment/judgment by confession files a summons and notice of motion for summary judgment in lieu of complaint.
1002:
according to
English law, was competent to deliver a judgment. Jurisdictional rules with regard to the foreign court are irrelevant. It is thus crucial for the court to determine whether the adjudicating court's own standards for recognition are satisfied by the facts; the adjudicating court must be satisfied not that the foreign court bears jurisdiction under its own rules, but whether, in the eyes of the English court, the foreign court has an 'international jurisdiction' competence. Once the court has been satisfied that it is right to recognise a foreign judgment as settled, known as
1278:, which enforces civil and commercial matters from designated courts in countries with bilateral agreements, such as Canada. Instead of it being necessary to commence original proceedings by service, the statutes allow the judgement creditor, the party seeking to enforce a foreign jurisdiction, to merely register the judgment for direct enforcement. This produces the same effect as if the foreign action had been an English judgment. Respondents may apply to set aside the registration as specified by the statutory instruments.
625:. In this context, it is noted that the U.S. is not a signatory to any treaty or convention and there are no proposals for this position to change. When it comes to seeking the enforcement of U.S. judgments in foreign courts, many states are uncomfortable with the amount of money damages awarded by U.S. courts which consistently exceed the compensation available in those states. Further, the fact that the U.S. courts sometimes claim extraterritorial jurisdiction offends other states' conceptions of
662:(UEFJA), 13 U.L.A. 261 (1986), which requires the states and the territories to give effect to the judgments of other states and territories, if an exemplified copy of the foreign judgment is registered with the clerk of a court of competent jurisdiction along with an affidavit stating certain things. The only U.S. states which have not adopted the Uniform Enforcement of Foreign Judgments Act are California and Vermont.
1124:
cannot be reopened by the court which made the ruling. The matter may be subject to an ordinary appeal, but that will not be determined as a court reopening a matter. An interlocutory matter may be recognised if it represents the final word of the court on the point in issue. A difficulty arises in relation to default judgments which will often be liable to re-opening in the court in which they were entered.
834:, the real and substantial test is also used by Canadian courts to determine jurisdiction outside of the recognition and enforcement context. The court’s decision was based on the principles of comity. The real and substantial connection doctrine has subsequently become the dominant test for whether Canadian courts recognize and enforce foreign judgments. The original doctrine from
1120:. Only English judgments are recognised in England, if the foreign court is competent, under English rules, and there is no defence to recognition, then the foreign judgment will be recognised and enforced. If a wants to use the foreign judgment as a sword, then he will need to bring new proceedings in English common law using the foreign judgment as evidence to his claim.
1147:
proceedings were begun creates uncertainty. It is difficult to determine whether a party who spends two years aboard is resident there. However, authority suggests that residence without presence at the material time would still suffice if the relevant time was at the service of process representing the start of legal proceedings. The leading authority within is
934:
common law in this area and do not replace it. Thus, plaintiffs can choose which process to use. The statutes differ by province; some only deal with inter-provincial judgments while others allow international judgments. They also differ on whether they allow non-pecuniary judgments. The defences to jurisdiction are generally the same as those in the common law.
507:(Article IV, Section 1) of the U.S. Constitution, which compels a State to give effect to another State's judgment as if it were local. This usually requires some sort of an abbreviated application on notice, or docketing. Between one State in the United States, and a foreign country, e.g. Canada, the prevailing concept is
1180:
so long as he contests jurisdiction at every opportunity. In doing so, the defendant may well have the opportunity to enjoy two attempts at defending the action, first seeking to defend the action abroad, and secondly operating with the confidence that they will be protected by
Section 33 of the 1982 Act.
1224:
The only foreign judgment which can be enforced in
England is a money judgment for which a party will sue on the debt. Should a foreign court apply specific performance, a party may sue in England on the same cause of action as the foreign judgment and use the foreign judgment on the merits to seek a
1179:
altered the previous common law approach. It provided a defence to attending a foreign court for the purposes of challenging the jurisdiction of the court. There is considerable academic debate as to whether, after the foreign court determines jurisdiction, party 'B' can continue to forward a defence
1086:
specifically rejected comity as the basis for recognition or non-recognition of judgments because it was insufficiently hard-edged for the demands. However, comity remains valuable for examining the doctrine of recognition insofar as it underpins the principle that a domestic court cannot examine the
777:
Third, the foreign court that issued the judgment must have had jurisdictional competence over the subject matter or defendant. The foreign court's jurisdiction is not assessed by its own rules but by tests specific to
Canadian recognition and enforcement. The Canadian enforcing court is not required
1188:
Should a defendant seek to defend against recognition of a foreign judgment, several defences exist which might prevent the
English court from recognising the action. The primary gateway for defending recognition in the English courts is that of fraud, which is said to unravel all foreign judgments.
1090:
Comity for the sovereignty of courts is insufficient for enforcing recognition because does not consistently determine a stringent enough rule for when sovereignty is to be accepted as a proper application onto the parties and when it is not recognised on the grounds that the parties ought not to be
933:
Every common law province in Canada has enacted legislation that allows for registration of judgments from other jurisdictions; most of these statutes are based on model legislation drafted and continually updated by the
Uniform Law Conference of Canada. The provincial statutes operate alongside the
665:
New York State and
Connecticut are two of a small minority of U.S. jurisdictions that do not simply allow a judgment creditor to file a foreign judgment from a sister state if the judgment was obtained by default (meaning the other side never showed up for to contest its entry in the other state by,
1246:
Issue estoppel could in principle arise from an interlocutory judgment of a foreign court on a procedural or non-substantive issue where certain conditions were fulfilled. Express submission of the procedural or jurisdictional issue to the foreign court was required. The specific issue of fact must
1193:
and there can therefore be no question of its enforcement if any of the defences allowed by
English international private law are made out. The English court does not review the merits of the foreign judgment. One cannot claim that the foreign court failed to consider facts. It is also not possible
1146:
The first category of recognition is where the defendant was present when proceedings began. Two primary definitions exist: one relating to individuals, the second to corporations. Academic criticism has extended from the use of presence rather than residence; however, residence on the date of when
1079:
Reciprocity is not the central tenet of recognition, but rather it is suggested that it is the doctrine of obligation. This sits at the apex of an interplay between sovereignty, comity, consent, and reciprocity. Accepting reciprocity would allow foreign judgments to shape the English common law. By
1044:
operates as the primary procedural scheme relating to foreign judgments, their recognition and enforcement. Recognition is automatic between member states, barring exceptions set out in Chapter III of the regulation. This is consistent with the EU principles of a single economic market where courts
805:
The defendant's presence in the foreign jurisdiction is established if they were within the jurisdiction when the action was taken. Defendants with only a transient presence at the time of the action are also considered to have been in the foreign court's jurisdiction. For corporations, the test is
460:
In English law, there is a clear distinction between recognition of foreign judgments, and enforcement of foreign judgments. Recognition means treating the claim as having been determined in favour of one of the litigating parties. This is an acknowledgment of foreign competence and of the settling
1294:
Except in very limited circumstances, it is not possible to claim that the court should not have adjudicated because it misinterpreted the rules on jurisdiction within Brussels. This is because jurisdiction rules are the same in all member states under the regulation. If the defendant thought that
1156:
With regard to individuals, the court has held that it will mean that the defendant must be within the jurisdiction of a court when the proceedings were instituted, meaning service or notice that proceedings had begun. Presence at the time of the trial is not used as a defendant could simply leave
817:
The usual test for submission is whether the defendant attorned, that is, appeared in court to make an argument on the substantive merits of the case, in which case he or she is considered to have voluntarily submitted to the court. Appearing merely to contest the court's jurisdiction is generally
786:
Whether the foreign court had jurisdiction over the matter is assessed using one of three tests. The first two – presence of the defendant in the jurisdiction and submission of the defendant to the foreign court – are traditional tests that have their roots in English common law. The third and now
476:
who was successful in the original case can then seek its enforcement in the recognizing country. If the foreign judgment is a money judgment and the debtor has assets in the recognizing jurisdiction, the judgment creditor has access to all the enforcement remedies as if the case had originated in
1242:
The English court only had jurisdiction to enforce the judgment if the defendant had submitted to the jurisdiction of the foreign court by voluntarily appearing in those proceedings. It was necessary, for the plaintiff to establish under English law that the defendant had expressly authorised the
1123:
The rules cannot and do not distinguish foreign courts with a reputation for excellence and foreign courts with less rigorous standards. Under the common law rules, the English court will not recognise judgments unless they are held to be final in their court of origin. This means that the matter
924:
Foreign judgments created by laws that violate the fundamental morals underlying Canada's legal system will not be enforced. This would include laws that confiscate property based on religious or racial grounds, as well as a foreign court that has been proven to be corrupt. However, the mere fact
906:
Fraud that has to do with the merits of the case will only justify setting aside a judgment if the evidence about the fraud presented to the Canadian court is new and was not previously adjudicated. The defence of fraud will only be accepted by a Canadian court if the defendant can prove that the
1174:
The second criterion where a party may be subject to a foreign judgment recognised in England is where the defendant has accepted the foreign court. This is consistent with the English court's approach to a choice of jurisdiction clause: a judgment will be denied recognition at common law if the
1027:
a party from bringing another action against him in England. By contrast, should a party succeed in a foreign action, he may seek to enforce the action in England. The judgment creditor need not have to succeed at every point within the foreign action. It had previously been the case that if the
773:
Second, the foreign judgment must either be a pecuniary judgment for a specified sum, or a non-monetary judgment that the enforcing court agrees to enforce. Judgments that stem from penal laws of a foreign country will not be enforced, nor will Canadian courts collect revenue or tax on behalf of
602:
and will frequently be judged by international standards (hence, the rules for service on a non-resident defendant outside the jurisdiction must match general standards and the fact that the first instance court's rules were followed will be irrelevant if the international view is that the local
915:
Foreign judgments will not be enforced if it is proven on a balance of probabilities that the foreign court did not follow Canadian standards of fair process. Fair process includes an independent judiciary, the defendant's right to be notified of claims against them and their right to submit a
1250:
No issue estoppel in fact arose because it was not sufficiently clear that the specific issue which arose for consideration in the UK was same as that identified and decided in the foreign court. In the Arizona courts the plaintiff had relied upon a rule of Arizona procedural law which had no
769:
First, foreign judgments will only be enforced in Canada if they stem from a final and conclusive decision. "Final and conclusive" refers to any judgment which can no longer be modified by the foreign court; the court must have no power to vary the judgment or to retry the issue. However, the
1001:
property rights, are only recognised as effective against particular parties, the material question becomes whether the judgment debtor is bound to abide to the judgment. It is recognised as binding on and against the party against whom it was given only if it was delivered by a court which,
902:
Foreign judgments obtained by fraud will generally not be enforced. In this context fraud is divided into two categories: misleading the foreign court to believe it has jurisdiction ("extrinsic fraud") or fraud going to the merits of the case ("intrinsic fraud"). Because of the importance of
468:
In American legal terminology, a "foreign" judgment means a judgment from another state in the United States or from a foreign country. To differentiate between the two, more precise terminology used is "foreign-country judgment" (for judgments from another country) and "foreign sister-state
1161:
the question of whether a company was present was to analogise from the reasoning of human beings. The court must be either able to determine presence as (a) servants of the corporation carrying on its business from a fixed place maintained by the corporation, or (b) a representative of the
1039:
power; it is this principle that underpins the English position that no foreign judgment will have an effect in England and, conversely, that the English courts cannot expect an English judgment to have any effect abroad. Exceptions to the limitation on foreign judgments are set out through
1015:
Enforcement, as will be seen, is about collecting a debt. To be enforceable, a judgment must be recognised and must be a judgment for a fixed sum of money. In England and Wales, only money judgments with settled amounts are capable of being enforceable. English courts do not enforce foreign
893:
Once the foreign court has been found to have had jurisdiction, the defendant may raise defences to the enforcement of the foreign judgment. However, these defences strictly concern whether the order shall be enforced, and are not about the merits of the case the judgment originated from.
646:
If the time to appeal in the court of origin has lapsed, and the judgment has become final, the holder of a foreign judgment, decree or order may file suit before a competent court in the U.S. which will determine whether to give effect to the foreign judgment. A local version of the
821:
If the parties were subject to a contract that contained a forum selection clause, and the plaintiff obtained a judgment by suing in the specified jurisdiction, the defendant will be held to have submitted to the court’s jurisdiction, and a Canadian court will enforce the judgment.
948:
is in force in Nova Scotia, Saskatchewan and British Columbia, which alters the analysis of the enforcing court’s jurisdiction. In an action to enforce a foreign judgment, a real and substantial connection between the province and the subject of the action is presumed to exist.
1273:
where Part II applies to former colonial jurisdictions such as New Zealand, Nigeria, and Singapore. If the judgment is still subject to an appeal in the ordinary, it cannot be registered. The second parliamentary statute which allows for enforcement and recognition is the
1111:. Where a party was present within the territory of the adjudicating court when proceedings instituted, the court will bind the party to the decision of the court so long as the adjudications are recognised as conclusive. The question of whether the judgment will be
941:, which enables the registration of judgments from outside of Canada, does not include the real and substantial connection test as a basis for a foreign court’s jurisdiction. It also restricts registration to final monetary judgments, excluding injunctive orders.
864:
allowed non-monetary judgments to also be enforced in Canada at the enforcing court's discretion. When deciding whether to enforce a foreign non-monetary judgment, courts consider the same factors Canadian courts do when creating equitable orders, including:
1254:
The defendant had been initially less than frank in relation to the narrow issue on which his defence turned. In the circumstances it was therefore appropriate to grant leave to defend conditional upon the payment of $ 100,000 into court within 28
633:
provides for the recognition of judgement given by the court chosen by the parties in civil and commercial cases in all other parties to the convention. The convention has, as of 2013, not entered into force. Regarding maintenance obligations, the
456:
of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
1115:
will be a separate matter. Secondly, if a party is shown to have agreed with his opponent, by word or action, to abide by the judgment of the court, private agreement is sufficient for recognising the substance of the judgment as
522:
unless the foreign country in which the judgement was made protects freedom of speech to at least the same degree as the United States and the foreign court's conduct of the case in which the judgement was reached respected the
1016:
judgments, and a judgment creditor must bring a cause of action under English law and use the recognised foreign judgment to serve as conclusive evidence of an outstanding debt. The judgment must be on the merits, as held in
1307:(often referred to as the "New York Convention"), and the Inter-American Convention on International Commercial Arbitration, 14 I.L.M. 336 (1975). Ratified treaties in the U.S. are considered the "supreme law of the land".
1290:
allocates jurisdiction between member states using Chapters I and II of the regime. Chapter III of the Recast Regulation implements articles relating to the automatic recognition and enforcement of Member State judgments.
1275:
567:(all European Union countries, as well as Iceland, Norway and Switzerland) or a similar treaty or convention providing for the routine of registration and enforcement between states, the courts of most states will accept
1225:
similar order from the English courts. It is the obligation, not the judgment, that is enforced. Only final judgments for fixed sums of money can be enforced. A foreign country court has jurisdiction to give a judgment
648:
1251:
counterpart in the UK. Further the Arizona Court of Appeal had considered whether or not the defendant had given the necessary authority in a wider context that was relevant for those purposes under English law.
854:
Traditionally, only non-foreign monetary judgments were enforced. These judgments had to be for a fixed sum of money stemming from a final decision and could not be for a fine or penalty of the foreign state.
659:
677:
requires that states honor the judgments of other states, the domestication of a judgment from another state is generally a formality, even in the absence of the expedited procedure under the UEFJA.
2213:
1304:
511:. The Court in the United States, in most cases, will unilaterally enforce the foreign judgment, without proof of diplomatic reciprocity, either under judge-made law or under specific statutes.
1166:
itself. The effect of corporate presence is that any claim relating whatsoever can be brought against the corporation, regardless of the work the corporation conducts within the jurisdiction.
1029:
540:
925:
that foreign policies produce outcomes that are different from Canada’s is not in itself a reason to deny enforcement. This defence is very narrowly construed and is almost never applied.
514:
Recognition will generally be denied if the judgment is substantively incompatible with basic legal principles in the recognizing country. For example, U.S. courts, in accordance with the
1270:
846:, the Supreme Court further clarified that the real and substantial connection should be between the jurisdiction of the foreign court and either the subject matter or the defendant.
2204:
Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987 (SI 1987/468), applying only to federal courts and British Columbia, Manitoba, New Brunswick, Nova Scotia and Ontario
1243:
acceptance of the service of proceedings. On the evidence it was possible that the defendant might not have realised that the proceedings were against him personally as guarantor.
1194:
to argue that the foreign court reached the wrong decision on the facts. The court is further not concerned with the competence of the issuing court. Six possible defences exist:
903:
jurisdiction in the recognition and enforcement context, if evidence of fraud having to do with jurisdiction is accepted by the Canadian court, the judgment will not be enforced.
500:, i.e. mutual deference between courts in different countries. In English courts, the basis of the enforcement of foreign judgments is not comity, but the doctrine of obligation.
1303:
Arbitration awards enjoy the protection of special treaties. The U.S. is a signatory to international conventions regulating the enforcement of arbitration awards, including the
1052:
to determine circumstances where recognition and enforcement acknowledged and respected the foreign sovereign act sufficiently to enforce it domestically. This was pioneered in
669:
When seeking to enforce a judgment in or from a state that has not adopted the Uniform Act, the holder of the judgment files a suit known as a "domestication" action. Since the
1413:
1287:
1041:
1087:
substantive validity of the foreign court's action – as it cannot claim to hold more competence – nor does it pretend that it must enforce the foreign court's decision.
842:
expanded the test to apply to international judgments. The definition of "real and substantial" is interpreted broadly in order to maintain flexibility for courts. In
638:(in force between Albania, Bosnia and Herzegovina, and Norway) provides for recognition of all kinds of maintenance-related judgements (including child support).
1023:
There are two purposes for effecting recognition of a foreign judgment. Firstly, if a party defeats a foreign case, he may seek recognition of that decision to
1385:
741:
598:
Whether the defendant was properly served with notice of the proceedings and given a reasonable opportunity to be heard which raises general principles of
654:
A judgment rendered in a "sister" state or a territory of the U.S. is also referred to as a "foreign judgment". 48 states, the District of Columbia, the
2226:
693:
818:
not considered submission. If a defendant combines a jurisdictional challenge with substantive arguments, they will also be held to have submitted.
1247:
have been raised before and decided by the foreign court. Caution was to be exercised before any issue estoppel could in practice be found to arise
1360:
76:
1451:
1045:
and government departments can be trusted to get things right. Under the common law, recognition is limited to a certain set of criteria.
408:
1028:
foreign claimant had been partially successful, he was entitled to sue on the cause in action again within England. Section 34 of the
575:
or relevant assets are physically located within their territorial boundaries. Whether recognition will be given is determined by the
2071:
1421:
1176:
1075:
If the law of the court which has adjudicated would not accept an equivalent judgment at face value, it will not enjoy reciprocity.
1062:
The foreign judgment has no force, as a judgment, outside the place it was given because adjudication is an act of sovereign power;
748:
382:
814:
The test for proving the defendant's submission to the foreign court consists of two separate branches: attornment and agreement.
1065:
Comity favours giving effect to foreign judgments and the question then is as to which foreign judgments ought to be recognised;
737:
The proceeding in the foreign court was contrary to an agreement between the parties under which the dispute was to be settled;
716:
The judgment was not rendered by an impartial tribunal under procedures compatible with the requirements of due process of law;
869:
Are the terms of the order clear and specific enough to ensure that the defendant will know what is expected from him or her?
62:
793:
493:
relief, etc., the recognizing court will make whatever orders are appropriate to make the original judgment effective.
1477:"Securing the Protection of our Enduring and Established Constitutional Heritage Act (2010; 111th Congress H.R. 2765)"
766:
In order to be recognized and enforced in Canada under the common law, foreign judgments must meet three conditions.
1068:
If the parties have had a full and proper trial before a reasonable court, the judgment is accepted at face value as
907:
fraud could not have been discovered by the use of reasonable due diligence before the foreign judgment was issued.
630:
1389:
401:
1134:
Submission; that the defendant to a foreign adjudication submitted to accept the foreign court's adjudication.
1105:
The first of two broad bases for recognition within the Common law rules in England and Wales is set forth in
2237:
860:
571:
to hear cases for the recognition and enforcement of judgments awarded by the courts of another state if the
99:
1295:
the foreign court was wrong, it should have, and could have, challenged jurisdiction at the first instance.
697:
670:
635:
539:
If the country that issued the judgment and the country where recognition is sought are not parties to the
504:
1364:
1333:
1107:
1082:
872:
Is the order limited in its scope and did the originating court retain the power to issue further orders?
937:
Some provincial registration provisions use more traditional rules than the common law. New Brunswick’s
2284:
1131:
Presence; meaning that the defendant was present in the foreign jurisdiction when proceedings began; or
806:
whether the company was headquartered, had an office, or was carrying on business in the jurisdiction.
528:
2279:
394:
324:
312:
219:
1008:, the party may then seek to enforce the foreign judgment. In order for a judgment to be considered
2294:
884:
Will the use of judicial resources be consistent with what would be allowed for domestic litigants?
725:
The defendant did not receive notice of the proceedings in sufficient time to enable him to defend;
655:
331:
1266:
1149:
788:
629:. Consequently, it can be difficult to persuade some courts to enforce some U.S. judgments. The
1210:
503:
Between two different States in the United States, enforcement is generally required under the
352:
286:
262:
69:
36:
621:
There is a general reluctance to enforce foreign judgments which involve multiple or punitive
1969:
973:
319:
246:
1476:
1048:
As adjudication is considered a sovereign act, the common law has developed the concept of
519:
433:
rendered in another ("foreign") jurisdiction. Foreign judgments may be recognized based on
375:
270:
107:
8:
2289:
1169:
614:
426:
237:
210:
43:
731:
The judgment is repugnant to the public policy of the state where enforcement is sought;
338:
201:
170:
692:
judgments unenforceable in U.S. courts, unless those judgments are compliant with the
2264:
958:
740:
In the case of jurisdiction based only on personal service, the foreign court was an
674:
139:
1265:
Two parliamentary acts enforce jurisdictional rules. In particular, these apply to
1093:
518:, are prohibited from recognizing or enforcing foreign libel judgments against any
516:
Securing the Protection of our Enduring and Established Constitutional Heritage Act
192:
19:
1905:, Chapter IV: "Comity in the Enforcement of judgments", Volume 354, Brill, 145–156
1138:
Nationality is no longer credible reasoning for recognition of foreign judgments.
496:
Foreign judgments may be recognized either unilaterally or based on principles of
838:
only applied to inter-provincial judgments within Canada. However, the 2003 case
599:
564:
438:
345:
1032:
was subsequently passed by parliament to remove the right to sue a second time.
986:
Common law rules for foreign states which do not fall into the above categories.
1995:
Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP
1324:
1054:
966:
875:
Is the enforcement the least burdensome remedy for the Canadian justice system?
444:
or understandings, or unilaterally without an express international agreement.
430:
307:
228:
156:
131:
1918:, Chapter IV: "Comity in the Enforcement of judgments", Volume 354, Brill, 149
2273:
681:
482:
278:
162:
55:
1004:
969:
778:
to have a connection to the subject matter of the action or the defendant.
712:
A state may not enforce a foreign-country judgment in the following cases:
701:
591:
Whether the foreign court properly accepted personal jurisdiction over the
568:
486:
462:
434:
302:
92:
2227:"CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS"
1036:
994:
787:
most common test, real and substantial connection, was recognized in the
651:
applies in most states, for example in California, 13 U.L.A. 149 (1986).
626:
556:
524:
478:
473:
183:
177:
2214:
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
1305:
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
1298:
719:
The foreign court did not have personal jurisdiction over the defendant;
641:
685:
515:
490:
254:
116:
1269:
matters and operate close to the current common law. The first is the
1170:
Not present but agreed to accept the adjudication of the foreign court
1153:, setting out that presence, as distinct from residence is necessary.
979:
Statutory application of foreign states which are party to bilateral
592:
572:
541:
Hague Convention on Foreign Judgments in Civil and Commercial Matters
1012:, it must be final and conclusive in the court which pronounced it.
961:, three avenues of enforcement methods and recognition rules exist:
781:
722:
The foreign court did not have jurisdiction over the subject matter;
1024:
990:
952:
576:
560:
485:, etc. If some other form of judgment was obtained, e.g. affecting
465:. Enforcement, by contrast, is the implementation of the judgment.
125:
2107:
Cf the debate between Briggs and Andrew Dickinson seen in Briggs,
1386:"European Commission - Judicial Atlas - Recognising - Information"
734:
The judgment conflicts with another final and conclusive judgment;
622:
544:
583:
of the court where recognition is sought, and the principles of
534:
1049:
998:
980:
749:
enforce the revenue and taxation laws of a foreign jurisdiction
584:
552:
548:
508:
497:
441:
50:
689:
607:
469:
judgment" (from a different state within the United States).
453:
1889:, (third ed.), Clarendon Law Series, Oxford University Press
878:
Is the Canadian litigant exposed to unforeseen obligations?
1058:. A judgment may therefore be reduced to four components:
754:
The judgment was obtained through an illegal transaction;
580:
1929:
Recognition of Foreign Judgments: a Matter of Obligation
761:
452:
The "recognition" of a foreign judgment occurs when the
2186:(12th ed.), Vol 1, 472 Rule 36 (subject to rule 37–39)
1198:
Disregard of arbitration or choice of court agreements
1157:
the jurisdiction upon becoming aware. By contrast, in
1141:
965:
Statutory registration of foreign judgments regarding
1500:
Four Embarcadero Center Venture v Mr. Greenjeans Corp
1299:
Enforcement of foreign arbitration awards in the U.S.
642:
Enforcement of foreign judgments in the United States
1916:
The Principle of Comity in Private International Law
1903:
The Principle of Comity in Private International Law
1851:
Foreign Judgments (Reciprocal Enforcement) Act 1933
1788:(1995), 130 DLR (4th) 674 (Ont Gen Div) at para 52.
1276:
Foreign Judgments (Reciprocal Enforcement) Act 1933
1183:
825:
1650:, 2nd edition (Toronto: Irwin Law, 2016) at 173 .
1127:English courts form the basis of recognition on:
782:Determining the jurisdiction of the foreign court
2271:
1864:, Sixth Edition, Oxford University Press, p. 692
953:Recognition and enforcement in England and Wales
2046:' State Bank of India v Moriani Marketing Group
1874:Midtown Acquisitions LP v Essar Global Fund Ltd
1646:Stephen G.A. Pitel & Nicholas S. Rafferty,
1100:
946:Court Jurisdiction and Proceedings Transfer Act
658:, and the U.S. Virgin Islands have adopted the
649:Uniform Foreign Money Judgments Recognition Act
531:to the same extent as a U.S. court would have.
1897:
1895:
1281:
535:Exercise of jurisdiction in recognition cases
402:
910:
881:Are any third parties affected by the order?
660:Uniform Enforcement of Foreign Judgments Act
1091:bound. The Canadian approach, set forth in
472:Once a foreign judgment is recognized, the
1892:
1536:Corporatek inc c Éditions Francis Lefebvre
1408:
1406:
1286:Succeeding the Brussels I Regulation, the
606:Whether the proceedings were tainted with
425:is the recognition and enforcement in one
409:
395:
2072:Civil Jurisdiction and Judgments Act 1982
1219:
1189:A judgment will be denied recognition as
1177:Civil Jurisdiction and Judgments Act 1982
1474:
1403:
587:. The following issues are considered:
543:(as of December 2017, only ratified by
2272:
1452:"Enforcement of Foreign Judgments Act"
447:
1512:Continental Casualty Company v Symons
1260:
1035:A court's judgment is an exercise of
849:
762:Recognition and enforcement in Canada
63:Conflict of laws in the United States
2216:, 21 UST 2517; TIAS 6997; 330 UNTS 3
1575:Morguard Investments Ltd v De Savoye
1233:1 WLR 467 upheld the recognition of
1030:Civil Jurisdiction Judgment Act 1982
794:Morguard Investments Ltd v De Savoye
1553:, 2006 SCC 52 at paras 10, 14, 100.
1142:Present when proceedings were begun
858:The ruling of the Supreme Court in
830:Recognized by the Supreme Court in
728:The judgment was obtained by fraud;
13:
2023:Desert Sun Loan Corporation v Hill
1514:, 2015 ONSC 6394 at paras 25, 48 .
1502:, 64 OR (2d) 746 (HCJ) at para 69.
1271:Administration of Justice Act 1920
14:
2306:
2258:
1599:Maharanee of Baroda v Wildenstein
700:and signed into law by President
613:Whether the judgment offends the
1862:Civil Jurisdiction and Judgments
1441:4 N. Mar. I. Code 4401-08 (2010)
997:, such as those not relating to
919:
631:Hague choice of court convention
423:enforcement of foreign judgments
369:Enforcement of foreign judgments
2219:
2207:
2198:
2189:
2176:
2164:
2152:
2141:
2129:
2113:
2101:
2089:
2077:
2065:
2052:
2040:
2028:
2012:
2000:
1988:
1975:
1962:
1950:
1934:
1921:
1908:
1879:
1867:
1854:
1845:
1833:
1821:
1812:
1800:
1791:
1786:United States of America v Ivey
1779:
1767:
1758:
1746:
1734:
1722:
1710:
1698:
1689:
1677:
1665:
1662:, 2003 SCC 72 at paras 26, 27 .
1653:
1640:
1628:
1616:
1604:
1592:
1580:
1568:
1556:
1541:
1529:
1517:
1505:
1184:Defences to English recognition
826:Real and substantial connection
757:The judgment is not conclusive.
1686:, 2006 SCC 52 at paras 21, 30.
1493:
1468:
1444:
1435:
1378:
1353:
1340:
1317:
477:the recognizing country, e.g.
1:
1684:Pro Swing Inc v Elta Golf Inc
1346:Dicey, Morris & Collins,
1310:
1207:Breach of procedural fairness
861:Pro Swing Inc v Elta Golf Inc
809:
707:
1830:, RSNB 2011, c 162, ss 2, 5.
1625:, 2013 ONCA 388 at para 22 .
1420:. 2010-01-01. Archived from
1101:Common law recognition rules
698:111th United States Congress
696:. The act was passed by the
671:full faith and credit clause
636:Hague Maintenance Convention
505:Full Faith and Credit Clause
7:
2048:(unreported, 27 March 1991)
1334:Adams v Cape Industries plc
1108:Adams v Cape Industries plc
1083:Adams v Cape Industries plc
928:
888:
800:
10:
2311:
2159:Owens Bank v Bracco (No 2)
1565:, 2015 SCC 42 at para 75 .
1414:"CA Codes (ccp:1713-1724)"
1288:Brussels Recast Regulation
1282:Brussels Recast Regulation
1201:Lack of local jurisdiction
1042:Brussels Recast Regulation
1018:The Sennar No 2 1 WLR 490
974:Brussels Recast Regulation
2182:Dicey and Morris (1993),
2084:Vizcaya Partners v Picard
2021:the cases extending from
1551:Swing Inc v Elta Golf Inc
911:Denial of natural justice
789:Supreme Court of Canada's
220:Lex loci delicti commissi
24:private international law
897:
680:To solve the problem of
656:Northern Mariana Islands
1818:Pitel 2016 at 201, 203.
1577:, 3 SCR 1077 at 1106 .
1563:Chevron Corp v Yaiguaje
1361:"HCCH | Full text"
1150:Adams v Cape Industries
461:of a dispute, known as
295:Substantive legal areas
1258:
1220:Common law enforcement
1215:Prior English judgment
747:The judgment seeks to
353:Hague Trust Convention
287:Forum selection clause
263:Lex loci celebrationis
70:Public policy doctrine
2124:Schibsby v Westenhols
1970:Penn v Lord Baltimore
1931:(2013), LQR 129:1, 87
1828:Foreign Judgments Act
1601:, 2 All ER 689 (CA).
1239:
939:Foreign Judgments Act
376:Anti-suit injunctions
247:Lex loci protectionis
85:Definitional elements
2184:The Conflict of Laws
1941:Morguard Investments
1524:Continental Casualty
1348:The Conflict of Laws
694:U.S. First Amendment
579:, i.e. the domestic
520:United States person
271:Choice of law clause
108:Forum non conveniens
617:of the local state.
448:Definition of terms
238:Lex loci solutionis
211:Lex loci contractus
44:Incidental question
2265:NY CPLR Article 53
2171:Pellegrini v Italy
2136:Pemberton v Hughes
1797:Pitel 2016 at 201.
1764:Pitel 2016 at 191.
1695:Pitel 2016 at 186.
1623:Van Damme v Gelber
1261:Bilateral treaties
1231:Murthy v Sivajothi
850:Types of judgments
742:inconvenient forum
603:system is unjust);
527:guarantees of the
202:Lex loci rei sitae
171:Habitual residence
149:Connecting factors
2285:Judicial remedies
2148:The Sennar (No 2)
2096:Henry v Geoprosco
2009:(1927) 39 CLR 318
2007:Ainslie v Ainslie
1538:, 2021 QCCA 1241.
959:England and Wales
675:U.S. constitution
529:U.S. Constitution
419:
418:
140:Lis alibi pendens
2302:
2280:Conflict of laws
2252:
2251:
2249:
2248:
2242:
2236:. Archived from
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2117:
2111:
2109:Conflict of Laws
2105:
2099:
2093:
2087:
2081:
2075:
2069:
2063:
2060:Conflict of Laws
2056:
2050:
2044:
2038:
2032:
2026:
2016:
2010:
2004:
1998:
1992:
1986:
1983:Conflict of Laws
1979:
1973:
1966:
1960:
1958:Conflict of Laws
1954:
1948:
1945:Beals v Saldanha
1938:
1932:
1925:
1919:
1912:
1906:
1899:
1890:
1887:Conflict of Laws
1883:
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1816:
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1798:
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1789:
1783:
1777:
1771:
1765:
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1756:
1755:at paras 71, 72.
1750:
1744:
1743:at paras 62, 65.
1738:
1732:
1726:
1720:
1719:at paras 51, 52.
1714:
1708:
1707:at paras 43, 45.
1702:
1696:
1693:
1687:
1681:
1675:
1674:at paras 23, 28.
1669:
1663:
1660:Beals v Saldanha
1657:
1651:
1648:Conflict of Laws
1644:
1638:
1632:
1626:
1620:
1614:
1608:
1602:
1596:
1590:
1584:
1578:
1572:
1566:
1560:
1554:
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1527:
1526:at paras 69, 71.
1521:
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1442:
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1410:
1401:
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1398:
1397:
1388:. Archived from
1382:
1376:
1375:
1373:
1372:
1363:. Archived from
1357:
1351:
1344:
1338:
1321:
1094:Beals v Saldanha
1040:parliament. The
840:Beals v Saldhana
774:foreign states.
411:
404:
397:
193:Lex loci arbitri
77:Hague Conference
37:Characterisation
20:Conflict of laws
16:
15:
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2195:Section 9(2)(e)
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2070:
2066:
2057:
2053:
2045:
2041:
2035:Emanuel v Symon
2033:
2029:
2017:
2013:
2005:
2001:
1993:
1989:
1980:
1976:
1967:
1963:
1955:
1951:
1939:
1935:
1927:Adrian Briggs,
1926:
1922:
1914:Adrian Briggs,
1913:
1909:
1901:Adrian Briggs,
1900:
1893:
1885:Adrian Briggs,
1884:
1880:
1876:EWHC 519 (Comm)
1872:
1868:
1859:
1855:
1850:
1846:
1838:
1834:
1826:
1822:
1817:
1813:
1805:
1801:
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1784:
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1522:
1518:
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1498:
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1483:
1473:
1469:
1460:
1458:
1456:Uniformlaws.org
1450:
1449:
1445:
1440:
1436:
1427:
1425:
1412:
1411:
1404:
1395:
1393:
1384:
1383:
1379:
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1359:
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1354:
1350:, 2012, 14-007.
1345:
1341:
1322:
1318:
1313:
1301:
1284:
1263:
1229:in four cases.
1222:
1186:
1172:
1144:
1103:
955:
931:
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900:
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852:
828:
812:
803:
784:
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710:
644:
600:natural justice
565:Brussels regime
537:
450:
415:
346:Forced heirship
23:
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5:
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1325:Hilton v Guyot
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1424:on 2016-03-03
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1392:on 2009-07-24
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29:Preliminaries
28:
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21:
18:
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2245:. Retrieved
2238:the original
2234:Uncitral.org
2233:
2221:
2209:
2200:
2191:
2183:
2178:
2170:
2166:
2158:
2154:
2147:
2143:
2135:
2131:
2123:
2119:
2115:
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2103:
2095:
2091:
2083:
2079:
2067:
2059:
2054:
2047:
2042:
2034:
2030:
2025:2 All ER 847
2022:
2018:
2014:
2006:
2002:
1994:
1990:
1982:
1977:
1968:
1964:
1957:
1952:
1944:
1940:
1936:
1928:
1923:
1915:
1910:
1902:
1886:
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1856:
1847:
1840:Chevron Corp
1839:
1835:
1827:
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1814:
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1793:
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1769:
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1611:Chevron Corp
1610:
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1562:
1558:
1550:
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1511:
1507:
1499:
1495:
1484:. Retrieved
1480:
1470:
1459:. Retrieved
1455:
1446:
1437:
1426:. Retrieved
1422:the original
1417:
1394:. Retrieved
1390:the original
1380:
1369:. Retrieved
1365:the original
1355:
1347:
1342:
1332:
1329:
1323:
1319:
1302:
1293:
1285:
1267:Commonwealth
1264:
1235:res judicata
1234:
1230:
1226:
1223:
1191:res judicata
1190:
1187:
1173:
1164:Adams v Cape
1163:
1159:Adams v Cape
1158:
1155:
1148:
1145:
1137:
1126:
1122:
1118:res judicata
1117:
1112:
1106:
1104:
1092:
1089:
1081:
1078:
1070:res judicata
1069:
1053:
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1017:
1014:
1010:res judicata
1009:
1005:res judicata
1003:
989:
956:
945:
943:
938:
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932:
923:
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905:
901:
892:
859:
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831:
829:
820:
816:
813:
804:
792:
785:
776:
772:
768:
765:
711:
702:Barack Obama
679:
668:
664:
653:
645:
620:
569:jurisdiction
538:
513:
502:
495:
471:
467:
463:res judicata
459:
451:
439:multilateral
427:jurisdiction
422:
421:In law, the
420:
383:Revenue rule
368:
277:
261:
245:
236:
227:
218:
209:
200:
191:
182:
161:
138:
124:
115:
106:
93:Jurisdiction
2122:(1870) and
1842:at para 73.
1776:at para 76.
1731:at para 59.
1637:at para 25.
1613:at para 85.
1481:GovTrack.us
1227:in personam
995:in personam
627:sovereignty
557:Netherlands
525:due process
489:, granting
479:garnishment
361:Enforcement
184:Lex patriae
178:Nationality
2290:Bankruptcy
2274:Categories
2247:2016-09-24
1486:2016-09-24
1461:2020-04-19
1428:2016-09-24
1396:2009-10-21
1371:2010-11-10
1311:References
1080:contrast,
993:operating
810:Submission
708:Exceptions
686:SPEECH Act
491:injunctive
255:Proper law
117:Lex causae
2161:2 WLR 621
1635:Van Damme
1037:sovereign
991:Judgments
916:defence.
593:defendant
573:defendant
435:bilateral
431:judgments
100:Procedure
2138:1 Ch 781
2058:Briggs,
2037:1 KB 302
1981:Briggs,
1956:Briggs,
1943:(1990);
1809:at 1111.
1807:Morguard
1589:at 1104.
1587:Morguard
1113:enforced
981:treaties
972:through
929:Statutes
889:Defences
836:Morguard
832:Morguard
801:Presence
577:lex fori
561:Portugal
442:treaties
339:Property
325:Marriage
313:Contract
308:Capacity
279:Dépeçage
157:Domicile
126:Lex fori
1997:UKSC 35
673:of the
623:damages
563:), the
545:Albania
332:Divorce
2173:(2002)
2126:(1870)
2098:(1976)
2086:UKPC 5
1947:(2003)
1337:Ch 433
1050:comity
999:in rem
684:, the
585:comity
555:, the
553:Kuwait
549:Cyprus
509:comity
498:comity
487:status
303:Status
51:Renvoi
2241:(PDF)
2230:(PDF)
2062:, 210
1985:, 145
1774:Beals
1753:Beals
1741:Beals
1729:Beals
1717:Beals
1705:Beals
1672:Beals
1255:days.
1204:Fraud
1025:estop
898:Fraud
844:Beals
690:libel
610:; and
608:fraud
474:party
454:court
2074:s.32
944:The
559:and
320:Tort
22:and
2019:See
1548:Pro
1330:see
957:In
581:law
547:,
437:or
429:of
2276::
2232:.
1894:^
1479:.
1454:.
1416:.
1405:^
1237:.
1020:.
797:.
704:.
551:,
481:,
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1464:.
1431:.
1399:.
1374:.
1072:;
983:.
976:.
751:;
595:;
410:e
403:t
396:v
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