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Post by cml1234 on May 4, 2011 1:31:34 GMT 4
Question, If a Saudi investment trust gets sued in the United States, they lose a judgment, how can one collect?
To me, this is different than you regular civil lawsuit because this fund is backed by Saudi oil sales, and therefore, is that not also the responsibility of the Saudi royal govt?
Under the Laws of Shari-a their debt is a Saudi obligation...correct? Or am I wrong?
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Post by niseag on May 4, 2011 6:35:26 GMT 4
There is no bilateral treaty or multilateral international convention in force between the United States and any other country on reciprocal recognition and enforcement of judgments. Although there are many reasons for the absence of such agreements, a principal stumbling block appears to be the perception of many foreign states that U.S. money judgments are excessive according to their notions of liability. Moreover, foreign countries have objected to the extraterritorial jurisdiction asserted by courts in the United States. In consequence, absent a treaty, whether the courts of a foreign country would enforce a judgment issued by a court in the United States depends upon the internal laws of the foreign country and international comity.
However if the judgement follows an arbitration there have been Saudi courts which allowed execution of the judgement, insofar as they repeat the judgemment after a full court argueing session. This however does only apply when the Saudi party engaged the arbitration/lawsuit fully and stated to be bound, the binding is mostly done via contract law, as the Saudi party engaged and agreed to be bound, however if the judgement runs against Saudi Law you are out of luck. Cases like that are difficult and expensive. Done them, won 1 lost 2, thats all I can say
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Post by cml1234 on May 4, 2011 19:19:35 GMT 4
I'm thinking more along the line of trying to obtain a writ of attachment for bank accounts they use in the U.S.
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Post by niseag on May 5, 2011 7:19:40 GMT 4
That is indeed the first step as well as getting into holdings and assets
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