International law and enforcement of foreign judgments

Presentation
Representative work
Specialists

Presentation

With the rise of international trade and the increased mobility of persons, goods and services, international law issues must be top of mind. Whether it is to determine if Quebec courts have jurisdiction to hear a case or determine the law applicable to a dispute, companies and individuals must count on lawyers with well-honed legal skills and acute reflexes in this area.

The members of our team advise their clients regarding international aspects of their business and disputes, including challenging the jurisdiction of Quebec courts to hear a case, obtaining or opposing the recognition of a foreign judgment (or foreign arbitral award), or obtaining letters rogatory or seeking the assistance of Quebec courts in the context of litigation pending abroad.

We have also developed a deep expertise in the area of the immunities enjoyed by foreign sovereign States and public organizations before Canadian courts.

Representative work

Acting for a foreign company in court proceedings seeking the recognition against the Federal Republic of Nigeria of an arbitration award valued at approximately $100 million. Proceedings are ongoing in various jurisdictions and relate inter alia to our client’s right to enforce the award against an aircraft acquired as a result of an alleged corruption scheme orchestrated by a former Nigeria minister of petroleum resources.
Representation of an aircraft lessor in a dispute against the United Republic of Tanzania seeking the enforcement of a foreign judgment exceeding $50 million. This matter involved obtaining a pre-judgment seizure of two Airbus planes under construction, initiating proceedings in other Canadian jurisdictions, and seizing an aircraft during a refueling stop outside of the jurisdiction of Quebec courts.
Representation of an aircraft leasing company in obtaining a pre-judgment third-party seizure and a Norwich order aimed at a major aircraft engine manufacturer in connexion with the recognition of a multi-million-dollar judgment rendered in the United States.
Advising a major international conglomerate company and its foreign legal advisors in relation to various insurance issues, including the law applicable its excess insurance coverage in the context of multiple shareholder lawsuits instituted in various jurisdictions regarding faults which would have taken place in several countries.
Representation of companies operating in Quebec, including the Business Development Bank of Canada, in the context of responses to letters rogatory issued by foreign courts.
Representation of the Republic of Iraq and its national airline, including before the Supreme Court of Canada, in proceedings for the recognition of English judgments totaling over 1 billion dollars, involving the question of sovereign immunity.
Representation of a foreign State and certain foreign public authorities against an application for the recognition of arbitral awards issued by an International Chamber of Commerce (ICC) tribunal sitting in Paris.
Drafting of expert reports on issues of Quebec law in the context of proceedings before Canadian and U.S. courts (California and Minnesota).
Representation of a Dutch holding company in applications for the recognition and annulment of awards issued by an arbitral tribunal under the rules of the International Chamber of Commerce (ICC) concerning the ownership of a refinery located in Germany.