Recognition and Enforcement of Judgments in Civil and Commercial Matters
Title | Recognition and Enforcement of Judgments in Civil and Commercial Matters PDF eBook |
Author | Anselmo Reyes |
Publisher | Bloomsbury Publishing |
Total Pages | 416 |
Release | 2019-09-19 |
Genre | Law |
ISBN | 1509924264 |
This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.
EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters
Title | EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters PDF eBook |
Author | Jannet A. Pontier |
Publisher | T.M.C. Asser Press |
Total Pages | 278 |
Release | 2004-08-12 |
Genre | Law |
ISBN | 9789067041737 |
The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS
On Jurisdiction and the Recognition and Enforcement of Foreign Money Judgments
Title | On Jurisdiction and the Recognition and Enforcement of Foreign Money Judgments PDF eBook |
Author | Christian Schulze |
Publisher | Unisa Press |
Total Pages | 360 |
Release | 2005 |
Genre | Business & Economics |
ISBN | 9781868883400 |
Enforcement of Judgments, Awards & Deeds in Commercial Matters
Title | Enforcement of Judgments, Awards & Deeds in Commercial Matters PDF eBook |
Author | Carel J. H. Lynden (baron van) |
Publisher | Sweet & Maxwell |
Total Pages | 347 |
Release | 2013 |
Genre | Law |
ISBN | 0414027051 |
"One of the first things international practitioners must consider is where to conduct legal proceedings. But the second thought must be whether a judgment or award, or a deed for that matter, is enforceable in the debtor's jurisdiction or the jurisdiction where there are assets. This first edition of Enforcement of Judgments, Awards and Deeds, provides the answer to such questions for a variety of jurisdictions. The New York Convention of 1958 is widely implemented, and therewith provides the basis for recognition of arbitral awards in many countries; where court judgments are concerned, the position is different. This book assists practitioners to make the right choice." -- (Cover)
Common Market Law Review
Title | Common Market Law Review PDF eBook |
Author | Paul Kapteyn |
Publisher | Springer |
Total Pages | 243 |
Release | 2013-11-11 |
Genre | Law |
ISBN | 9401532737 |
Remedies Concerning Enforcement of Foreign Judgements
Title | Remedies Concerning Enforcement of Foreign Judgements PDF eBook |
Author | Vesna Rijavec |
Publisher | Kluwer Law International B.V. |
Total Pages | 472 |
Release | 2018-09-14 |
Genre | Law |
ISBN | 9041194177 |
Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following: – grounds for refusal of recognition and enforcement; – certi?cation of enforceability and timely service of the certi?cate; – adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; – effect of requesting a translation of the judgment; – ?nancial implications of remedies; and – provisional measures and their role in a timely protection of rights. Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.
Enforcing Foreign Judgments in the United States and United States Judgments Abroad
Title | Enforcing Foreign Judgments in the United States and United States Judgments Abroad PDF eBook |
Author | Ronald A. Brand |
Publisher | Section of International Law |
Total Pages | 214 |
Release | 1992 |
Genre | Law |
ISBN |
This volume contains commentaries on the third restatement of the foreign relations law of the United States.