Jul 2013
BERMUDA
SUPREME COURT
ENFORCEMENT OF FOREIGN JUDGMENT AT COMMON LAW – VOLUNTARY SUBMISSION TO JURISDICTION – GOVERNING LAW CLAUSE
By way of background, the Plaintiff issued a Writ of Summons seeking to enforce at common law an Arizona Superior Court money judgment entered in favour of the Plaintiff against the Defendant (“the Arizona Judgment”). The Plaintiff, a Mexican real estate development company, based its claim against the Defendant, a Bermudian company, on a guarantee entered into between the parties on 21 October 1992 (“the Guarantee”) under which the Defendant guaranteed the obligations of a Lease entered into between the Plaintiff and a third party on the same date and which was signed by the Defendant as Guarantor (the “Lease”).