Enforcement of foreign judgments—Bermuda—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Enforcement of foreign judgments—Bermuda—Q&A guide
  • 1. Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties?
  • 2. Is there uniformity in the law on the enforcement of foreign judgments among different jurisdictions within the country?
  • 3. What are the sources of law regarding the enforcement of foreign judgments?
  • 4. To the extent the enforcing country is a signatory of the Hague Convention on Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, will the court require strict compliance with its provisions before recognising a foreign judgment?
  • 5. What is the limitation period for enforcement of a foreign judgment? When does it commence to run? In what circumstances would the enforcing court consider the statute of limitations of the foreign jurisdiction?
  • 6. Which remedies ordered by a foreign court are enforceable in your jurisdiction?
  • 7. Must cases seeking enforcement of foreign judgments be brought in a particular court?
  • 8. To what extent is the process for obtaining judicial recognition of a foreign judgment separate from the process for enforcement?
  • 9. Can a defendant raise merits-based defences to liability or to the scope of the award entered in the foreign jurisdiction, or is the defendant limited to more narrow grounds for challenging a foreign judgment?
  • More...

Enforcement of foreign judgments—Bermuda—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to enforcement of foreign judgments in Bermuda published as part of the Lexology Getting the Deal Through series by Law Business Research (published: July 2020).

Authors: Trott & Duncan—Delroy B Duncan

1. Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What is the country’s approach to entering into these treaties, and what, if any, amendments or reservations has your country made to such treaties?

Bermuda has not entered into any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments.

2. Is there uniformity in the law on the enforcement of foreign judgments among different jurisdictions within the country?

The same law is applicable throughout Bermuda.

3. What are the sources of law regarding the enforcement of foreign judgments?

In Bermuda, the methods of enforcement of most judgments obtained outside of the jurisdiction are:

  1. pursuant to the Judgments (Reciprocal Enforcement) Act 1958 (the 1958 Act) and by Orders in Council made thereunder with respect to judgments obtained in the Superior Courts of the United Kingdom and the various Commonwealth jurisdictions listed in the 1958 Act;

  2. at common law by legal action with respect to judgments given in foreign jurisdictions not covered by the 1958 Act; and

  3. pursuant to the New York Convention 1958 and the

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