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Annexes 1 - 9 - The Review of International Arbitral Awards

Format: Electronic
$30.00

Argentina - Attachment of Assets

As an introduction to this issue it must first be mentioned that rules governing Argentine court procedures are passed locally by the legislature of each Argentine Province. Hence, they may vary from one Province to another.

Format: Electronic
$30.00

Argentina - Enforcement of Money Judgments

Format: Electronic
$30.00

Armenia - Attachment of Assets

Format: Electronic
$30.00

Armenia - Enforcement of Money Judgments

Format: Electronic
$30.00

Attachment of Assets

Designed to give practical information and guidance to lawyers and businessmen who are interested in securing expected future judgments and in making strategic decisions.

Format: Book
$295.00

Australia - Attachment of Assets

In Australia, if a plaintiff believes there is a real risk that a debtor will deal with assets so as to frustrate any future judgment in favour of the plaintiff, the plaintiff can apply to court for a Mareva injunction. An application can also seek orders in support of the Mareva injunction (such as an order that the debtor give discovery of his or her assets) but otherwise the Mareva injunction remains the primary judicial measure available to a plaintiff in Australia to preserve a debtor’s assets pending judgment.

Format: Electronic
$30.00

Australia - Enforcement of Money Judgments

Format: Electronic
$30.00

Austria - Attachment of Assets

Creditors may apply for interim orders (Einstweilige Verfügung) to obtain provisional relief. Such orders are to impede the frustration or delay of future enforcement proceedings, i.e., to secure a certain claim, be it of pecuniary or other nature.

Format: Electronic
$30.00

Austria - Enforcement of Money Judgments

Format: Electronic
$30.00

Azerbaijan - Enforcement of Money Judgments

Format: Electronic
$30.00

Bangladesh - Attachment of Assets

Format: Electronic
$30.00

Bangladesh - Enforcement of Money Judgments

Format: Electronic
$30.00

Barbados - Enforcement of Money Judgments

Format: Electronic
$30.00

Belarus - Enforcement of Money Judgments

Format: Electronic
$30.00

Belgium - Attachment of Assets

According to Belgian civil procedural law, a distinction has to be made between conservatory attachments (bewarend beslag, saisie conservatoire/seizure for security) and attachments in execution
(uitvoerend beslag, saisie exécutoire/enforcement of judgments).

Format: Electronic
$30.00

Belgium - Enforcement of Money Judgments

Format: Electronic
$30.00

Belize - Attachment of Assets

The law relating to Writs of Attachment is provided for in The Supreme Court of Judicature Act (SCJA) Chapter 82 of the Laws of Belize in an indirect manner and does not cover all of the areas addressed by the questions hereto.

Format: Electronic
$30.00

Belize - Enforcement of Money Judgments

Format: Electronic
$30.00

Bermuda - Attachment of Assets

In the narrow sense of the word attachment is available to any person having a just cause of action at law against any person or persons absent from Bermuda but who has been in Bermuda by way of Writ of Attachment under the Attachment Act, 1874.

Format: Electronic
$30.00

Bermuda - Enforcement of Money Judgments

Format: Electronic
$30.00

Bolivia - Attachment of Assets

The general nature of an attachment is to avoid the mockery of the plaintiff’s rights. Under Bolivian law a plaintiff’s rights against a debtor can be secured by affecting the property of said debtor.

Format: Electronic
$30.00

Bolivia - Enforcement of Money Judgments

Format: Electronic
$30.00

Bosnia and Herzigovina - Enforcement of Money Judgments

Prior to the commencement of the discussion on the enforcement of
foreign judgments, we will have a brief overview of the unique and
very peculiar constitutional set up of Bosnia and Herzegovina and its
administrative divisions.

Format: Electronic
$30.00

Brazil - Attachment of Assets

Brazilian law provides for specific actions with the purpose of preventing dispersion of debtor’s assets and securing satisfaction of a judgment yet to be rendered. These actions aim at assuring the result of another action and they are provisional in nature, since the final judgment of the main action replaces the provisional relief granted in the request for injunction.

Format: Electronic
$30.00

Brazil - Enforcement of Money Judgments

Format: Electronic
$30.00

Brunei Darussalam - Enforcement of Money Judgments

Format: Electronic
$30.00

Brunei Darussalam - Attachment of Assets

In the absence of local Brunei decisions, the Brunei Courts still refer to English law decisions on similar statutes as well as English Common law as persuasive authorities. Furthermore, there is in Brunei the existence of a legislation entitled the Application of Laws Act (CAP 2) wherein Section 2 of the Application of Laws Act (Cap. 2) provides that:

Format: Electronic
$30.00

Bulgaria - Enforcement of Money Judgments

Format: Electronic
$30.00

Cambodia - Attachment of Assets

Currently, the Code of Civil Procedure is being published in the Cambodian Official Gazette. This Code was adopted by the General Assembly and the Senate respectively on May 26, 2006 and June 23, 2006. It was promulgated by the King on July 06, 2006. According to the Article 587 of this Code, it shall be implemented in one year time after it has been promulgated.

Format: Electronic
$30.00

Canada - Attachment of Assets

Canada is a federal state consisting of ten provinces and three territories in which the federal and provincial governments share political and legal power. Under the Canadian constitution the federal and provincial governments are assigned respective spheres of jurisdiction. Federal law applies throughout Canada while the laws of a particular province apply only within that province.

Format: Electronic
$30.00

Canada - Enforcement of Money Judgments

Format: Electronic
$30.00

Chile - Attachment of Assets

Attachments and injunctions are treated separately in Chilean law depending on the kind of proceeding in which they have been ordered. In executive proceedings or Juicios Ejecutivos (i.e. proceedings aimed at attaching assets of a debtor in order to sell them in public auction and pay its debt with the proceeds thereof) attachments are of the essence...

Format: Electronic
$30.00

Chile - Enforcement of Money Judgments

Format: Electronic
$30.00

China - Enforcement of Money Judgments

Format: Electronic
$30.00

China - Hong Kong, Special Administrative Region - Attachment of Assets

In the Hong Kong SAR, the Mareva injuction is the primary judicial remedy available to a Plaintiff seeking to obtain provisional relief against a Defendant to prevent the dissipation of the Defendant’s assets pending judgment.

Format: Electronic
$30.00

China-Hong Kong Special Administrative Region - Enforcement of Money Judgments

Format: Electronic
$30.00

Colombia - Attachment of Assets

Format: Electronic
$30.00

Colombia - Enforcement of Money Judgments

Format: Electronic
$30.00

Costa Rica - Enforcement of Money Judgments

Format: Electronic
$30.00

Croatia - Enforcement of Money Judgments

Format: Electronic
$30.00

Cyprus - Attachment of Assets

Whenever in any proceedings to obtain an attachment under Part 7 of the Civil Procedure Law, Cap. 7, it is suggested by the garnishee that the debt or property sought to be attached belongs to some third
person, or that any third person has a lien or charge upon it, the Court or Judge may order such third person to appear and state the nature and particulars of his claim upon such debt or property.

Format: Electronic
$30.00

Cyprus - Enforcement of Money Judgments

Format: Electronic
$30.00

Czech Republic - Attachment of Assets

According to Section 74 ff. of the Czech Civil Procedural Code “Obcansky soudni rad” (hereinafter “CCPO”) before or within a court procedure, the Plaintiff “zalobce” may demand the court to issue a preliminary injunction “predbezne opatrení.” The debtor can be obligated to fulfill one of many options: to give money or property in court custody, not to dispose with his property or rights, do something (facere), not do anything (omitere), or withhold (pati).

Format: Electronic
$30.00

Czech Republic - Enforcement of Money Judgments

Format: Electronic
$30.00

Democratic Republic of Congo - Attachment of Assets

The judicial measures available for plaintiff to obtain provisional relief affecting property of debtors consist of Provisional attachment or seizure, the effect of the measure is that the debtor is prevented
from the use of his assets and the disposition of it.

Format: Electronic
$30.00

Democratic Republic of Congo - Enforcement of Money Judgments

Format: Electronic
$30.00

Denmark - Attachment of Assets

The rules governing attachment are contained in the Danish Administration of Justice Act, which provides numerous formal rules concerning the hearing of different types of case by the Danish courts. Part 56 of the Administration of Justice Act provides rules that detail the conditions for the levying of attachment.

Format: Electronic
$30.00

Denmark - Enforcement of Money Judgments

Format: Electronic
$30.00

Discussion - Part I - The Review of International Arbitral Awards

Format: Electronic
$30.00