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On-line expert seminars: Revised Brussels II ter regime, 25 & 26 November; 3 & 17 December 2020  

You are kindly invited to a series of six online expert seminars on the Brussels II ter Regulation (EU Regulation 2019/1111). This new Regulation on jurisdiction, recognition and enforcement in matrimonial matters and in matters of parental responsibility will only become fully applicable on 1 August 2022. Time enough, it would seem, but with its 105 articles, 98 recitals and ten annexes, the organisers considered it not too early to start preparing. Cristina González Beilfuss (University of Barcelona), Laura Carpaneto (University of Genoa), Thalia Kruger (University of Antwerp), Ilaria Pretelli (Swiss Institute of Comparative Law) and Mirela Župan (University of Osijek) will be presenting their first thoughts on the Regulation, its new enforcement regime, international parental child abduction, child protection, judicial and administrative cooperation, provisional measures and parallel proceedings. They have invited academics and practitioners to react to their thoughts and provided time for discussion. 

No reciprocity for Swiss and German judgments in Jordan

Two recent rulings of the Supreme Court of the Hashemite Kingdom of Jordan refused recognition and enforcement of  German and Swiss judgments on maintenance on grounds of no reciprocity.

I. First case: No reciprocity with Germany

  1. The facts

The applicant was the wife of the respondent, both Jordanian nationals. She filed several applications before German courts in Stuttgart, and obtained a number of final judgments ordering payments for alimony to her benefit. Due to non payment by the husband, she filed an application for the recognition and enforcement of the German judgments in Jordan.  The Court of first instance declared the judgments enforceable in Jordan in 2009. The husband appealed. The Amman Court of Appeal issued its decision January 2015, revoking the appealed decision. The wife filed a second appeal (cassation).

Canada’s Top Court to Hear Enforcement Dispute

By Stephen G.A. Pitel, Western University

The Supreme Court of Canada has granted leave in H.M.B. Holdings Limited v Attorney General of Antigua and Barbuda.  Information about the appeal is available here. The decision being appealed, rendered by the Court of Appeal for Ontario, is available here.  In the usual course the appeal will be heard in the late spring or early fall of 2021.  The grant of leave is notable because Canada’s top court only hears a small handful of conflict of laws cases in any given year.

In 2014 the Privy Council rendered a judgment in favour of HMB against Antigua and Barbuda for over US$35 million including interest.  In 2016 HMB sued at common law to have the Privy Council judgment recognized and enforced in British Columbia.  Antigua and Barbuda did not defend and default judgment was granted in 2017.  HMB then sought to register the British Columbia decision (not the Privy Council decision) under Ontario’s statutory scheme for the registration of judgments of other Canadian common law provinces.  This required the Ontario courts to engage in a process of statutory interpretation, with one of the central issues being whether the scheme applied to the recognition and enforcement judgment or only to what have been called “original judgments”.