Desarrollo Immobiliario Y Negocios Industriales De Alta v Kader Holdings Company Ltd

Desarrollo Immobiliario Y Negocios Industriales De Alta v Kader Holdings Company Ltd

The Arizona court was a court of competent jurisdiction because Kader expressly agreed to submit to its jurisdiction by signing the Lease Amendment and Guarantee, and the agreement was not void under Mexican public policy. Alternatively, Kader voluntarily submitted to the jurisdiction of the Arizona court by counterclaiming, cross-claiming, and actively participating in the proceedings beyond what was necessary to defend itself. Therefore, the Arizona judgment is enforceable in England and Wales.

Parties
Claimant: Desarrollo Inmobiliario y Negocios Industriales de Alta; Defendant: Kader Holdings Company Limited
Jurisdiction
England and Wales
Judgment Date
09 May 2014
Procedural Posture
Foreign Judgment Enforcement / Judgment
Outcome
Judgment for the claimant; enforcement granted
Legal Topics
Enforcement of Foreign Judgments, Jurisdiction Agreements, Submission to Jurisdiction, Public Policy in Conflict of Laws, Suretyship and Guarantees
Private International Law Contract Law Civil Procedure Enforcement of Foreign Judgments Jurisdiction Agreements Submission to Jurisdiction Public Policy in Conflict of Laws Suretyship and Guarantees

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Parties

Desarrollo Inmobiliario y Negocios Industriales de Alta

Claimant

Kader Holdings Company Limited

Defendant

Procedural Posture

Foreign Judgment Enforcement / Judgment

Legal Issues

  1. 1 Whether the Arizona court was a court of competent jurisdiction for enforcement in England and Wales
  2. 2 Whether Kader agreed to submit to the jurisdiction of the Arizona court under the guarantee and lease agreements
  3. 3 Whether the jurisdiction clause was void under Mexican public policy

Ratio Decidendi

The Arizona court was a court of competent jurisdiction because Kader expressly agreed to submit to its jurisdiction by signing the Lease Amendment and Guarantee, and the agreement was not void under Mexican public policy. Alternatively, Kader voluntarily submitted to the jurisdiction of the Arizona court by counterclaiming, cross-claiming, and actively participating in the proceedings beyond what was necessary to defend itself. Therefore, the Arizona judgment is enforceable in England and Wales.

Court Disposition

Judgment for the claimant; enforcement granted

Orders

  • The Arizona judgment is enforceable in England and Wales against Kader Holdings Company Limited.