Monday 25 April 2022
The ruling eliminated a contractual dispute between two companies, a Canadian company and a Colombian company
Dentons Cárdenas & Cárdenas’ Dispute Resolution Team, led by partner Andrés Fernández de Soto and seconded by Senior Associate, Carlos Miranda, has achieved unanimous acknowledgment of the correct implementation of a judgment by the Montreal Provincial High Court that resolved a contractual dispute between a Canadian and Colombian company.
In light of this, Andres Fernandez expressed that “the outcome of this lawsuit is very significant given that it is the first time that the High Court of Justice has granted leave for a ruling by a Canadian court in a contractual matter,” in addition, he emphasized that Colombia and Canada do not have a bilateral treaty of recognition Mutual judgments in commercial matters.
On the other hand, Carlos Miranda said, “Recognition of a judgment in Canada for which the notification form of the claim has been submitted by postal route, in accordance with Article 10(a) of the Notification Agreement.”
In turn, according to Denton, the High Court of Justice decided that due to the type of Icoterm agreed upon between the parties, the Canadian court was the competent authority for the parties to submit performance of the contract to the Quebec provincial legislation.
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