How can a party obtain a stay of execution in international litigation?

A stay of execution is a court order that stops or delays the enforcing of a judgment or ruling. In Alaska, a party in international litigation can obtain a stay of execution by filing a motion with the court. The motion must explain why the stay of execution is necessary and the expected result of granting the motion. In order for the court to consider the motion, the party must demonstrate that they have a substantial probability of success on the merits of their case. This means that the party must demonstrate that there is a good chance that their argument will be upheld in a full hearing. Additionally, the party must demonstrate that it is likely they will prevail in the underlying litigation or that it would be inequitable for the judgment or ruling to be enforced before the matter is decided. The party must also provide the court with sufficient security to cover any losses the other party may suffer as a result of granting the stay. The security is typically in the form of a bond or guarantee of payment from an insurer or other surety. The court may use discretion to determine the amount of the security and may also require additional evidence that the party can pay for any damages that may result from the stay. Ultimately, the court will consider the arguments of each side and make a decision about whether to grant the stay. If the stay is granted, the court order will specify a timeline during which the stay will remain in effect. The timeline will typically depend on the circumstances of the case and the court may also specify any conditions that must be met in order for the stay to be extended.

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