Archive for the ‘public policy’ Category

My New Paper: “Recognition and Enforcement of Foreign Judgments in Canada”

January 16, 2014

I’ll be speaking at the upcoming Ontario Bar Association Institute 2014, “Internationalizing Commercial Contracts” program and have prepared a paper entitled “Recognition and Enforcement of Foreign Judgments in Canada”. Here’s the abstract:

This paper provides an overview of the governing conflict of laws principles for the recognition or enforcement of foreign judgments, including an analysis of the recent Court of Appeal for Ontario decision in Yaiguaje et al. v. Chevron Corporation et al. and its implications for the recognition and enforcement of foreign judgments, generally. The issue of state immunity as an obstacle to foreign judgment enforcement is also considered.

A copy of the paper is available on SSRN here.

Laura E. Little, “Internet Defamation, Freedom of Expression, and the Lessons of Private International Law for the United States”

December 19, 2012

Laura E. Little (Temple University – James E. Beasley School of Law) has published “Internet Defamation, Freedom of Expression, and the Lessons of Private International Law for the United States”, European Yearbook of Private International Law, Vol. 14, 2012. The abstract reads:

This article reviews current developments in U.S. conflict of laws doctrine pertaining to transnational internet defamation cases, including personal jurisdiction, choice of law, and recognition of judgments. To resolve personal jurisdiction and choice of law issues in internet defamation cases, U.S. courts have adapted rules from the non-internet context with relative ease. Reported cases tend to concern domestic internet disputes between U.S. entities, with few plaintiffs attracted to U.S. courts for the purpose of litigating cross-border defamation claims. Although the U.S. serves as a magnet jurisdiction for many types of litigation, two liability-defeating laws render the country inhospitable to defamation claims: (1) the U.S. Constitution’s First Amendment speech protections and (2) a statute affording immunity to internet “providers or users” for information “provided by another content provider.” Perhaps because of these provisions litigants are largely inspired to go elsewhere. The resulting libel tourism has prompted important U.S. developments pertaining to enforcement and recognition of foreign defamation judgments. Thus, for conflict of laws matters pertaining to internet defamation, it is judgments law that reflects the greatest activity and most profound change.

After reviewing personal jurisdiction and choice of law trends, this article describes legal developments pertaining to internet defamation judgments. The article critiques lawmakers’ adherence to First Amendment exceptionalism in regulating internet defamation judgments and identifies flaws reflected in state libel tourism statutes and the federal libel tourism statute, the SPEECH act of 2010.

Download the article via SSRN here.

SHN Grundstuecksverwaltungsgesellschaft MBH & Co. Seniorenresidenz Hoppegarten-Neuenhagen KG v. Hanne

October 30, 2012

I briefly blogged about the Alberta Court of Appeal decision in  Grundstuecksverwaltungsgesellschaft MBH v. Hanne last year, mostly because I found the style of cause amusingly long.

If you think that’s a tongue-twister, check out the subsequent decision in SHN Grundstuecksverwaltungsgesellschaft MBH & Co. Seniorenresidenz Hoppegarten-Neuenhagen KG v. Hanne, 2012 ABQB 624 (CanLII).

Incidentally, Madam Justice Erb of the Alberta Queen’s Bench ultimately rejected the defendant, Dr. Hanne’s impeachment defences of fraud, natural justice and public policy and held that the German judgment was enforceable in Alberta:

“In this summary trial, the Plaintiff SHN Grundstuecksverwaltungsgesellschaft MBH & Co. Seniorenresidenz Hoppegarten-Neuenhagen KG, also known as SHN Grundstücksverwaltungsgesellschaft MBH & Co. Seniorenresidenz Hoppegarten-Neuenhagen KG (“SHN”) seeks an Order for recognition and enforcement in Alberta of a judgment issued by the Berlin Regional Court of Germany against the Defendant Dr. Juergen Hanne, also known as Dr. Jürgen Hanne (“Dr. Hanne”).

[98]           I find that this action is appropriate for summary trial; viva voce evidence was not required for the proper hearing of the issues and the test for enforcement of foreign judgments in Alberta has been satisfied and the defences raised by Dr. Hanne are without merit.

Disposition

[99]           Accordingly, there will be an Order recognizing and enforcing the German judgment in Alberta in the total amount of the Canadian equivalent of —1,056,800.25 and interest thereon which includes:

(i) Judgment of the German Regional Court, dated November 11, 2002, for —1,022,583.70 plus interest;

(ii) the order for costs of the German Regional Court, dated November 29, 2002 (and the subsequent order for correction dated January 13, 2003) in the amount of  —21,582.25 and interest thereon; and

(iii) Costs Decision of the German Appeal Court, dated September 26, 2006, for —12, 634.30 and interest thereon.”

[100]      If the parties cannot agree with respect to the calculation of interest, they may seek an order within 30 days. Costs may be spoken to if necessary.

 And now…for a musical interlude….Tongue Tied by GroupLove:

Csongor István Nagy, “Recognition and Enforcement of US Judgments Involving Punitive Damages in Continental Europe”

July 23, 2012

Csongor István Nagy (University of Szeged, Faculty of Law; Budapest University of Technology and Economics) has posted “Recognition and Enforcement of US Judgments Involving Punitive Damages in Continental Europe”, Nederlands Internationaal Privaatrecht (NIPR), Vol. 30, No. 1, pp. 4-11, 2012. The abstract reads:

The paper examines the recognition practice of US punitive awards in continental Europe from a comparative and critical perspective. After analysing the pros and cons of the recognition of punitive awards from a theoretical point of view, it presents and evaluates the judicial practice of the European (French, German, Greek, Italian, Spanish and Swiss) national courts and the potential impact of the 2005 Hague Choice-of-Court Convention and the Rome II Regulation. The paper ends with the final conclusions containing a critical evaluation of the present judicial practice and a proposal for a comprehensive legal test for the recognition of punitive damages.

 A downloadable copy of the paper is available at SSRN here.

 

 

 

Guest Post at Letters Blogatory: Lago Agrio Plaintiffs Enforcement Action in Canada

June 5, 2012
Chevron Corporation

Chevron Corporation (Photo credit: Wikipedia)

For those interested in the Chevron/Ecuador case, I have written a guest post over at Letters Blogatory on the recent enforcement action filed by the Lago Agrio plaintiffs in Ontario:  Guest Post: Comments on the Lago Agrio Plaintiffs Enforcement Action in Canada.

Thanks again to Ted Folkman at Letters Blogatory for inviting me to guest blog on this important case.

 

 


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