Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Enforcement of Foreign Judgments
1.
Legal and judicial framework
1.1
Which legislative and regulatory provisions govern the recognition and enforcement of foreign judgments in your jurisdiction?
 
Ecuador
No answer submitted for this question.
1.2
Which bilateral and multilateral instruments on the recognition and enforcement of foreign judgments have effect in your jurisdiction?
 
Ecuador
No answer submitted for this question.
1.3
Which courts have jurisdiction to hear applications for the recognition and enforcement of foreign judgments?
 
Ecuador
No answer submitted for this question.
2.
Requirements for enforceability
2.1
What types of judgments may be recognised and enforced in your jurisdiction? Are any types of judgments specifically precluded from enforcement?
 
Ecuador
No answer submitted for this question.
2.2
Must a foreign judgment be final and binding before it can be enforced?
 
Ecuador
No answer submitted for this question.
2.3
Is a foreign judgment enforceable if it is subject to appeal in the foreign jurisdiction?
 
Ecuador
No answer submitted for this question.
2.4
What is the limitation period for making an application for recognition and enforcement?
 
Ecuador
No answer submitted for this question.
3.
Recognition and enforcement process
3.1
Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?
 
Ecuador
No answer submitted for this question.
3.2
What is the formal process for recognition and enforcement?
 
Ecuador
No answer submitted for this question.
3.3
What documents are required in support of an application for recognition and enforcement?
 
Ecuador
No answer submitted for this question.
3.4
What fees are payable for recognition and enforcement?
 
Ecuador
No answer submitted for this question.
3.5
Is the applicant required to provide security for costs?
 
Ecuador
No answer submitted for this question.
3.6
How long does it usually take to obtain a declaration of enforceability?
 
Ecuador
No answer submitted for this question.
3.7
Can the applicant seek injunctive relief while the process is ongoing?
 
Ecuador
No answer submitted for this question.
4.
Defences
4.1
On what grounds can the defendant challenge recognition and enforcement of a foreign judgment?
 
Ecuador
No answer submitted for this question.
4.2
What is the limitation period for filing a challenge?
 
Ecuador
No answer submitted for this question.
4.3
Can the defendant seek injunctive relief to prevent enforcement while a challenge is pending?
 
Ecuador
No answer submitted for this question.
5.
Court analysis and decision
5.1
Will the court review service of process in the initial proceedings?
 
Ecuador
No answer submitted for this question.
5.2
Will the court review the jurisdiction of the foreign court in the initial proceedings?
 
Ecuador
No answer submitted for this question.
5.3
Will the court review the foreign judgment for compliance with applicable law and public policy?
 
Ecuador
No answer submitted for this question.
5.4
Will the court review the merits of the foreign judgment?
 
Ecuador
No answer submitted for this question.
5.5
How will the court proceed if the foreign judgment conflicts with a previous judgment in relation to the same dispute between the same parties?
 
Ecuador
No answer submitted for this question.
5.6
Are there any other grounds on which the court may refuse to recognise and enforce the foreign judgment?
 
Ecuador
No answer submitted for this question.
5.7
Is partial recognition and enforcement possible?
 
Ecuador
No answer submitted for this question.
5.8
How will the court deal with cost issues (eg, interest, court costs, currency issues)?
 
Ecuador
No answer submitted for this question.
6.
Appeals
6.1
Can decisions in relation to the recognition and enforcement of foreign judgments be appealed?
 
Ecuador
No answer submitted for this question.
6.2
Can the applicant seek injunctive relief while the appeal is pending?
 
Ecuador
No answer submitted for this question.
7.
Enforcing the foreign judgment
7.1
Once a declaration of enforceability has been granted, how can the foreign judgment be enforced?
 
Ecuador
No answer submitted for this question.
7.2
Can the foreign judgment be enforced against third parties?
 
Ecuador
No answer submitted for this question.
8.
Trends and predictions
8.1
How would you describe the current enforcement landscape and prevailing trends in your jurisdiction? Are any new developments anticipated in the next 12 months, including any proposed legislative reforms?
 
Ecuador
No answer submitted for this question.
9.
Tips and traps
9.1
What are your top tips for smooth recognition and enforcement of foreign judgments, and what potential sticking points would you highlight?
 
Ecuador
No answer submitted for this question.