International Law Practicum
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NYSBA 2018 | VOL. 31 | NO. 2 International Law Practicum A publication of the International Section of the New York State Bar Association www.nysba.org/ILP Message from the New Section Chair Welcome to the the profession, as well as a pre-meeting dinner on Sunday, January 13, 2019 for members of the EC. International Law The annual meeting is being ably chaired by Jay Practicum and Himes, who has assembled a team of outstanding Chapter News! speakers for the CLE programs. • Wednesday, February 13, 2019—Florida Chapter We encourage all of Event in Miami co-chaired by Constantine our chapters to provide Economides, Esperanza Segarra, Thomas news of the latest legal de- Verhoeven, Jay Himes of Labaton Sucharow and velopments in your home Mark Bloom of Greenberg Traurig. The program jurisdictions, whether they will feature five law clerks from New York and are cases, new legislation, Miami on a panel called “Try Your Case, Not Your programs or practice tips. Judge’s Patience,” offering invaluable practice tips Please feel free to make from those in the know. Afterwards, Greenberg your submissions directly to our editor, Torsten Kracht, Traurig will be hosting a cocktail reception in its at [email protected]. Miami office. In 2018, the Section held its Seasonal Meeting in • Thursday, March 21, 2019—Inaugural meeting of Montreal, Quebec, Canada. Many thanks to the Confer- the newly-formed Texas Chapter in the Houston ence Co-Chairs, Mark Rosenberg of Sullivan & Cromwell office of Locke Lord under the able leadership of and Stephanie Lapierre of Strikeman Elliott, for an amaz- Texas Chapter Chair David Harrell. David is lin- ing conference with an impressive line-up of speakers ing up a fascinating program on the latest NAFTA (including Sophia the Robot) and a dazzling array of agreement. Stay tuned for further details. social activities, resulting in an extremely well-attended and financially successful conference. Mark and Stepha- • Monday and Tuesday, May 5-6, 2019—Regional nie were ably assisted by members of the Steering Com- Meeting in Stockholm, Sweden, being organized by mittee, including Andre Durocher of Fasken (our new Conference Co-Chairs Carl-Olof Bouveng of Cirio Chair of the Quebec Chapter) and others on the Montreal Advokatbyra and Peter Utterström of Stockholm Steering Committee, as well as Corey Omer of Sullivan and Gonzalo Zeballos of Baker Hostetler in New & Cromwell, Jay Himes of Labaton Sucharow, Jay Safer York. The meeting will focus on the life cycle of a of Wollmuth, Maher & Deutsch, Neil Quartaro of Watson start-up company and will feature educational pro- Farley & Williams, Diane O’Connell of PriceWaterhouse grams in one of Stockholm’s unique incubators, as Coopers, Nancy Thevenin of Thevenin Arbitration & well as a gala dinner in the recently renovated and ADR and others on the New York Steering Committee. reopened National Museum. Thank you also to everyone who was able to make it Of course, many more exciting programs are being to the Montreal Seasonal Meeting and to those who sent planned, including our NYCIR Symposium in April, delegates. It was a wonderful meeting, as reflected in the Global Law Week in June and our seasonal meeting in wonderful pictures found elsewhere in the Practicum. Tokyo next November. Further details will appear in the next edition of the Practicum. Below is information about some upcoming events: Our Rapid Response Committee, under the steward- • Monday, January 14, 2019—Annual Meeting, in- ship of Jonathan Armstrong and David Miranda, has cluding special presentations to Ruby Asturias and assisted NYSBA President Michael Miller send letters of the late Lauren Rachlin for their work on behalf solidarity and support to members of the Philippines Bar of the LAC Ethical Guidelines, which have been Association and Polish Bar Association after crackdowns endorsed by the entire NYSBA, as well as to Justice and threats to the rule of law in each of those countries. Charles Ramos for his lifetime achievements as a Justice of the New York Supreme Court, including As noted last year, we have separated the Practicum the special role he has played in its Commercial from the Chapter News; and we are now experimenting Division. Also, the winner of this year’s Albert S. with their dissemination electronically every few months. Pergram International Law Writing Competition Our editor, Torsten Kracht, seeks submissions of interest will be announced. There will be two outstanding to our members and continues to seek additional volun- CLE programs on data privacy and diversity in Continued on page 4 2 NYSBA International Law Practicum | 2018 | Vol. 31 | No. 1 Table of Contents Message from the New Section Chair ..............................................................................................................................2 Message from the Editor ....................................................................................................................................................4 Torsten Kracht Common Law Enforcement of Foreign Judgments in England and Wales ................................................................7 Emma Ruane An End to the Free Movement of Judgments? The Recognition and Enforcement of Judgments From EU Member States in England and Wales Before and After Brexit .................................................................11 Thomas Corby Recognition and Enforcement of Foreign Judgments in Ireland................................................................................15 Peter Bredin Analysis on the Enforcement of Arbitration Awards and the Enforcement of Judgments in Ecuador ................19 Roberto Bilbao Rosati Enforcement of Foreign Punitive Judgments in South Africa ...................................................................................22 Roger Wakefield Enforcement of Arbitral Awards in Egypt: Between Theory and Practice ...............................................................24 Ashraf Ali and Nisreen Al Karyouti The English Courts’ Approach to Enforcing Foreign Arbitral Awards and Judgments in the Context of Fraud ....................................................................................................................................................31 Rachel Turner and Natalie Todd The Enforcement of Judgments by Default in Finland—Prepare for an Appeal .....................................................35 Mikko Junno, LL.M. Foreign Judgments Enforcement in Israel .....................................................................................................................39 Eddy Meiri Enforcing Foreign Awards in Russia .............................................................................................................................47 Evgeniy Lidzhiev, Sergey Kislov and Sergey Kovalev Enforcing a New York Judgment in the English Jurisdiction in the Digital Age .....................................................51 Adam Erusalimsky The Recognition and Enforcement of Foreign Awards in Italy .................................................................................57 Irene Grassi, PhD, and Eva Knickenberg-Giardina Enforcing Foreign Judgments and Arbitral Awards in Guernsey..............................................................................61 Gareth Bell and Emma Taylor Enforcement of Foreign Court Decisions Under the Hungarian Legislation ...........................................................67 Dr. Péter Nógrádi The Scope of Due Service of Process: Swiss Law Considerations on the Enforcement of Foreign Default Judgments .........................................................................................................................................73 Cristian Casanova and Andreas Schregenberger Recognition and Enforcement of Foreign Arbitral Awards in Senegal .....................................................................78 Codou Sow-Seck Enforcement of Foreign Judgments and Arbitral Awards in Switzerland: Cracking One of the World’s Safe Boxes .......................................................................................................................82 André Brunschweiler, Sandrine Giroud, and Deborah Hondius Enforcement of Foreign Judgments and Arbitral Awards in Austria ........................................................................91 Christina Kainzbauer Enforcement of Judicial and Arbitral Awards in the Netherlands .............................................................................96 Marielene De Ruijter-Van Den Brand and Zijad Jusic Lincoln Caylor and Maureen Ward on the Enforcement of Foreign Judgments in Canada ..............................102 Lincoln Caylor and Maureen Ward International Section Officers (as of June 1, 2018) ......................................................................................................107 International Section Committee Chairs......................................................................................................................109 Message from the Editor By Torsten Kracht Dear Friends of trade secrets. Please contact me at your earliest conve- and Readers: nience at [email protected] if you are interested in submitting an article on this topic. Welcome to Vol. 31, No. 2 of the Interna- Many hours of hard work have gone into producing tional Law Practicum and this exciting new issue. In addition to our contributing thank you for all of the authors, I would like to thank Simone Smith and Kate support and feedback Mostaccio at NYSBA for their