PART I - RECOGNITION AND ENFORCEMENT OF A FOREIGN COURT DECISION

Transcription

1 PART I - RECOGNITION AND ENFORCEMENT OF A FOREIGN COURT DECISION NOTE: If your State has a non-unified legal system (i.e., two or more systems of law which apply in different territorial units, and the information is available, please indicate the jurisdictionjs referred to in your answers. 1. Is your State a party to any bilateral and/or multilateral treaties and/or agreements that govern the recognition and enforcement of foreign judgments? G21'NO 2. Does your State have rules of national law that govern the recognition and enforcement of foreign court judgments in your State? (i.e./ legislation or case law) ~ES D NO If yes, please specify;, I Be V\--\OV\.. 1:S ~G\. 3. Which courts in your State hear applications for the recognition and enforcement of foreign judgments? 4. Are there specific conditions that need to be met in order for a judgment to be recognised ~nd enforced by a court in your State? myes DNO If yes, under what circumstances (e.g., the jurisdiction of the foreign court ml)st be recognised, the respondent to the application for recognition and enforcement must have assets in your State, the judgment must be a monetary judgment that is final and conclusive)? 6 u:.i ~ 0\rrI~ l+rvu/ll;~ ~;jt..~ef'y\em\- t'f\u5~ be. ~ Man-V ~"JI.. ~ rt\qjy1 be. ~~l'y\.cl L Cvn<:.l ('..<YYLC-U\$ I v-e.. 5. Can a court in your State refuse to recognise and enforce a foreign court judgment that otherwise meets the specific conditions identified in Part I question 4? ~ES o NO If yes, under what conditions (e.g., procedural fairness, lack of proper notice to the defendant, an inconsistent foreign or domestic judgment, parallel domestic proceedings)? In addition, are those grounds for refusal raised on the court's own motion or by the party opposing the recognition and enforcement application? 1'Y\~8t3tOvY\\- ~~'~'Y1 d~ra.qjyl<\- u'y\dit'~,-wl u o~ civil P'YOL.-dLl~ CJde.....

2 6. Is recognition and enforcement of a foreign judgment subject to a speciai procedure before a court in your State? IDa If yes, please describe the procedure. 7. What types of judgments are entitled to recognition and enforcement in your State? D Judgments entered in default. D Provisional and protective measures. D Non-money judgments. D Judgments awarding non-compensatory damages. If other, please specify. I \- O~ jv\<p'\.q..~"~j~~ fv\..,1v\ \ 8. In your State is it possible to appeal a court decision to recognise and enforce a foreign judgment? W'Na If yes, under what circumstances. 9. What is the frequency of applications for recognition and enforcement of foreign court decisions per year? It is appreciated that this information may not be readily available in your Ministry however; such information may possibly be obtainable from the courts in your State. D 0-5 D 5-10 OlD - 20 D more than 20.

3 10. How many applications for recognition and enforcement of a foreign court decision are granted in your State? D 0-5 D 5-10 D D more than Is your State a party to any bilateral and / or multilateral treaties and / or agreements that govern issues of jurisdiction in international litigation? 0'No 2. Does your State have rules of national law that govern issues of jurisdiction in international litigation in your State? (i.e.; le~}islation or case law) ~o 3. Have the rules of international jurisdiction in your State recently been reviewed in your State? (e.g.; by the legislators, law reform bodi'es, other professional 4. In which of the following situations would the courts in your State have jurisdiction:.0 where the defendant voluntarily submits to the jurisdiction D where the defendant is domiciled or resides in your State Commen"ts ,- Yeg

4 D where the defendant carries out regular commercial activity in your State, _ ' p., l llo Umdvr ~ J)Q ~ clc.vy\~ M15 h,} 'be ~~ L e,'y!. c.wl.- C5, N a.\u"rt\ t e~ \YYl.-/ ~ 9<:k\--l<,1Y\..- 'l.o c~ uvil P'YDc.e.d.u"rL Code, ~ \~~~~~Y-e.-.ct.Lh Q&- de-~cvy\.dq.ri\~s~ rv\.\,l~\-be- (t~t\tl~ ~L vc\.o",,-t'yl t~~\c:kg ~-4~~ c'l'l-- bu,"f\t(,."t or. e7- '\ ',./ ~Y SCt-\('Y\,.,. D where the contract is performe~ or t~ere if a ~c o~~ract in your State D where a contract is concluded executed between parties in your State o where the pa~ties to the dispute have designated the courts of your State for the purpose of deciding disputes between them? o where an injury occurs to a person as the result of a tortuous act occurring in your State o where damage occurs to tangible occurring in your State property as the result of a tortuous act o where the defendant does not reside in your State, but the defendant's immovable property is held in your State L., "t ~.,! Oc::..Lu~l Ioe..t-e& CftI..-.- ~,- im{v\-~\ftt\.e Yes I~1'k ~ Q~,,CJYl..- r ~, " \- \'t) i~lr P'Yt?eY~ PY'1)re.ty'~ l~\.\.\-~v-.u..q!\- ~u'y\..- IS "'A.'O'\;' -ve.-'le.ve,vv\ ~ ~<u. 'Y- \-- d.:;) V? 'Y\,.(?) \- N\ v-e... "<1u~s.d,c h'em.--- o Other Please specify 5. Is the nature of the above-mentioned grounds such that without these present ~ourt is not entitled to hear a case? ~YES DNa. 6. In which of the following situations would a court, otherwise having jurisdiction as described in part: Il question 4, decline to exercise its jurisdiction in your State:

5 D where there are identical proceedings (proceedings involving the same parties and the same cause of action) occurring in another State's courts Please indicate the l t:...elevantsourc~ of law and ~n,y.comments. Cod lt~l:,l~ tke... {:\g i"ejr ~~~~~c.'yv o-~,~~iu\'\.- ~\\!o-~ ul!!l P'Y6ce..clur-e- e-, e.-,luj tte, tm,?q/yld~e.::l D-%- elgl.u t. 1m l\. ~5'Y\. '1.,~fJ:rl- dd~ 'Y\c\- PfY' -.p ~ o where there are related proceedings (those proceedings that do not have identical parties and causes of action but have related causes of action and parties) C6\.l -r-r I~ j\'\~ck'v\m(\ly -hem ~~ IrI2S Q&<'{ It &-uumd eel c.jvl~~\'"i\.q. ~ <.Jr ~. Please indicate the relevant source of law and any comments. C)~ Q Q.clU'r 1- ge..~u L-. '2-0 rc'-'rt\.-j'~..t"tfh.. (c.)i~ ~ 0t 1"k (IU'Yhdru\-.\(J\'\...- 'YQ.80..-I'f'cl. \ ~ tn2. ~L(I~r-e..d (->'YD ~...~ch ~.. o where the court determines that it is an inappropriate forum Please indicate the relevant source of law and any comments. I L J.-...H -. h.tl G.. :''U y- \- It is s~ 1o"d.tl..C--i\.q, o..f,fecl ~ l~ ""-tj "f ~ v1 L P'yl) C Q..JU"r - <:ed-e... o wtlere it is in the interests of justice to do so umde.. or Please provide any comments fl ~ _ U"U"rT- ~ '~~ -re-~~~c..-j \NL \C ~~ '~'ho r~\j\&(dy\..-- "r, I. d ~selvn~te...- d.e.u da.. ~t CJY\..- (] u$ \-, c-.e...i ~ \ ~ Q.fV""U2\ aero o other Y"'%'v\ \, <:.(Y\G.<l,~ > ~\;--\ ((\It..- '3 <:) ~ Bu r rt'\ CL. (5"'\C\ (YY) \""nwr ~ ~ Please indicate. ~c:...~~,., r