Asian Principles For The Recognition And Enforcement Of Foreign Judgments

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Asian Principles for the Recognition and Enforcement of Foreign Judgments

Author : Adeline Chong
Publisher :
ISBN 13 : 9789811472022
Total Pages : 187 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Asian Principles for the Recognition and Enforcement of Foreign Judgments by : Adeline Chong

Download or read book Asian Principles for the Recognition and Enforcement of Foreign Judgments written by Adeline Chong and published by . This book was released on 2020 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is the output of the second phase of a project by the Asian Business Law Institute (ABLI) to promote the harmonisation of foreign judgment rules in the region. The output of the first phase of the project, Recognition and enforcement of foreign judgments in Asia, is a compendium of country reports on the foreign judgment rules in ASEAN member states and Australia, China, India, Japan and South Korea. In the second phase, the laws of the 15 countries were summarised, compared and contrasted under 13 concise principles. The book illustrates that there is a core of principles on foreign judgements that is adopted across board. There may be variations in how a particular principles may be interpreted, but by and large, the results of the analysis are encouraging for reforming and harmonisation efforts. There are also promising signs of a movement towards convergence in relation to principles which are not currently adopted across board" -- Introduction.

Recognition and Enforcement of Foreign Judgments in Asia

Author : Adeline Chong
Publisher :
ISBN 13 : 9789811153464
Total Pages : 229 pages
Book Rating : 4.1/5 (534 download)

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Book Synopsis Recognition and Enforcement of Foreign Judgments in Asia by : Adeline Chong

Download or read book Recognition and Enforcement of Foreign Judgments in Asia written by Adeline Chong and published by . This book was released on 2017 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924264
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Recognition and Enforcement of Judgments in Civil and Commercial Matters by : Anselmo Reyes

Download or read book Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Recognition and Enforcement of Foreign Judgments in China

Author : Wenliang Zhang
Publisher :
ISBN 13 : 9789041152275
Total Pages : 0 pages
Book Rating : 4.1/5 (522 download)

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Book Synopsis Recognition and Enforcement of Foreign Judgments in China by : Wenliang Zhang

Download or read book Recognition and Enforcement of Foreign Judgments in China written by Wenliang Zhang and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As civil and commercial contacts between China and other countries increase exponentially, so do the disputes that result from these interactions. Efficient resolution of these ensuing disputes demands cross-border movement of judgments. However, beyond some divorce and bankruptcy matters, to date hardly any foreign judgments have been recognized in China. This harsh reality calls for a full investigation of the relevant Chinese legal environment è^' an investigation which will enhance availability of legal remedies in China and uncover effective strategies of dispute resolution containing Chinese elements.

The Law Market

Author : Erin A. O'Hara
Publisher : Oxford University Press
ISBN 13 : 0199718482
Total Pages : 289 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Law Market by : Erin A. O'Hara

Download or read book The Law Market written by Erin A. O'Hara and published by Oxford University Press. This book was released on 2009-02-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.

Choice of Law and Recognition in Asian Family Law

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956360
Total Pages : 479 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Choice of Law and Recognition in Asian Family Law by : Anselmo Reyes

Download or read book Choice of Law and Recognition in Asian Family Law written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2023-10-05 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thematic volume in the series Studies in Private International Law – Asia outlines the general choice of law and recognition rules relating to family matters of 15 Asian jurisdictions: Mainland China, Hong Kong, Taiwan, Japan, South Korea, Singapore, Malaysia, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Thailand, Sri Lanka and India. The book examines pressing questions and proposes ways in which their systems may be reformed. A concluding chapter considers the extent to which Asian cross-border family law systems can and should be harmonised. The book provides a comprehensive analysis of cross-border family law challenges, including child surrogacy, child abduction, the recognition of same-sex unions, the recovery of maintenance, and the regulation of intercountry adoption. These are among the matters now testing Asian institutions of private international law and acting as forces for their modernisation. With contributions by leading Asian private international law experts, the book proposes necessary reforms for each of the jurisdictions analysed as well as for Asia as a whole.

Reciprocal Recognition and Enforcement of Foreign Judgments

Author : Asian-African Legal Consultative Committee
Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Reciprocal Recognition and Enforcement of Foreign Judgments by : Asian-African Legal Consultative Committee

Download or read book Reciprocal Recognition and Enforcement of Foreign Judgments written by Asian-African Legal Consultative Committee and published by . This book was released on 1966 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dispute Resolution in Asia

Author : Michael Pryles
Publisher : Springer
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Dispute Resolution in Asia by : Michael Pryles

Download or read book Dispute Resolution in Asia written by Michael Pryles and published by Springer. This book was released on 2002-10-10 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute Resolution in Asia was first published in 1998 and was one of the few titles to deal exclusively with the Asian region. This second edition is not only an updated version of the first edition but is also an expanded work. Chapters on India and Indonesia have been added. The first chapter presents an overview of dispute resolution in Asia and examines the question whether there is an Asian style of dispute resolution. The remaining chapters focus on twelve particular countries. They are important trading countries or countries which are the recipients of substantial foreign investments. This second edition fills the need for increased information on dispute resolution in a region whose economic importance is still growing. Features: The examination of dispute resolution in 12 countries provides a much wider spectrum of Asian laws and approaches than is traditional in comparative studies; The work provides a broad coverage in terms of its subject matter: The book is not confined to arbitration or litigation but examines arbitration, litigation and mediation; Contributions vary in style and contents and thus reflect the diversity of legal systems and cultures in Asia; Specialists focus on countries with which contributors have particular expertise or experience; Statistics provided on arbitration centres in Asia. Benefits: updated and expanded version of the first edition; a substantial coverage of twelve countries; in addition to chapters on Australia, People's Republic of China, Hong Kong, Japan, Malaysia, The Philippines, Singapore, Taiwan, Thailand, and Vietnam, chapters on India and Indonesia have been added; all the contributors are senior lawyers with vast knowledge and experience of dispute resolution in Asia and are experts in their field; country studies are not limited to arbitration or litigation but examines arbitration, litigation and mediation

Recognition and Enforcement of Foreign Judgments in the United States

Author : Michael A. R. Bernasconi
Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.:/5 (641 download)

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Book Synopsis Recognition and Enforcement of Foreign Judgments in the United States by : Michael A. R. Bernasconi

Download or read book Recognition and Enforcement of Foreign Judgments in the United States written by Michael A. R. Bernasconi and published by . This book was released on 1996 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Recognition and Enforcement of Foreign Judgments

Author : United States. Congress
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781977914736
Total Pages : 192 pages
Book Rating : 4.9/5 (147 download)

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Book Synopsis Recognition and Enforcement of Foreign Judgments by : United States. Congress

Download or read book Recognition and Enforcement of Foreign Judgments written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-10-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognition and enforcement of foreign judgments : hearing before the Subcommittee on Courts, Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, November 15, 2011.

Recognition and Enforcement of Foreign Judgments in the United States and Korea

Author : Ji Soo Lee
Publisher :
ISBN 13 :
Total Pages : 202 pages
Book Rating : 4.:/5 (559 download)

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Book Synopsis Recognition and Enforcement of Foreign Judgments in the United States and Korea by : Ji Soo Lee

Download or read book Recognition and Enforcement of Foreign Judgments in the United States and Korea written by Ji Soo Lee and published by . This book was released on 2004 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Asian Yearbook of International Law, 1997

Author : Ko Swan Sik
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041115331
Total Pages : 574 pages
Book Rating : 4.1/5 (153 download)

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Book Synopsis Asian Yearbook of International Law, 1997 by : Ko Swan Sik

Download or read book Asian Yearbook of International Law, 1997 written by Ko Swan Sik and published by Martinus Nijhoff Publishers. This book was released on 2001-03-01 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Asian Yearbook of International Law" is the first publication dedicated primarily to international law as seen from an Asian perspective. It provides international law articles written by experts from the region and other articles relating to Asian topics. The editorial board, national correspondents, advisory council, and governing board comprise a diverse group of academics and government officials from a wide range of countries and positions. The "Asian Yearbook of International Law" offers a number of useful features: - articles;- notes; - legal materials (such as the state practice in a number of Asian countries and participation in multilateral treaties); - Asia and international organizations; - chronicle of events for the covered year; - literature (including book reviews and a bibliography); - selected documents (treaties, agreements, and other relevant primary documents); and - an index. Its range of features assures that the "Yearbook" comprehensively covers the critical events, legislation, and issues of the past year and that users can easily access all of this information. Academics and practitioners who deal with international public law in Asia will appreciate this unique, complete resource. The "Asian Yearbook of International Law" provides insight into Asian views and practices, especially for non-Asian readers, and also promotes the dissemination of knowledge of international law in Asia. Some of the topics covered in this volume: the secession of Bangladesh in international law; the Asian Development Bank Administrative Tribunal; port state control: a comment on the Tokyo MOU; maritime jurisdiction over vessel-source pollution in the EEZ: the Chinese experience.

Recognition and Enforcement of Foreign Judgments

Author : Nicholas Hales
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.:/5 (958 download)

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Book Synopsis Recognition and Enforcement of Foreign Judgments by : Nicholas Hales

Download or read book Recognition and Enforcement of Foreign Judgments written by Nicholas Hales and published by . This book was released on 1982 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

China's One Belt One Road Initiative and Private International Law

Author : Poomintr Sooksripaisarnkit
Publisher : Routledge
ISBN 13 : 1351348442
Total Pages : 250 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis China's One Belt One Road Initiative and Private International Law by : Poomintr Sooksripaisarnkit

Download or read book China's One Belt One Road Initiative and Private International Law written by Poomintr Sooksripaisarnkit and published by Routledge. This book was released on 2018-05-16 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People’s Republic of China in October 2013. The OBOR comprises the ‘Silk Road Economic Belt’ and the ‘21st Century Maritime Silk Road’, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws and legal systems. It is not difficult to envisage problems relating to harmonisation of laws and rules in trade between countries along the OBOR routes or otherwise. These problems can potentially cut through the core of the very objective of the OBOR itself. Integration in China’s One Belt One Road Initiative explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.

Recognition and Enforcement of Foreign Judgments

Author : Yock Lin Tan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (969 download)

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Book Synopsis Recognition and Enforcement of Foreign Judgments by : Yock Lin Tan

Download or read book Recognition and Enforcement of Foreign Judgments written by Yock Lin Tan and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Recognition and Enforcement of Foreign Judgments in Various Foreign Countries

Author : George J. Roman
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (846 download)

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Book Synopsis Recognition and Enforcement of Foreign Judgments in Various Foreign Countries by : George J. Roman

Download or read book Recognition and Enforcement of Foreign Judgments in Various Foreign Countries written by George J. Roman and published by . This book was released on 1984 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

General Principles of Law and International Due Process

Author : Charles T. Kotuby, Jr.
Publisher : Oxford University Press
ISBN 13 : 0190642726
Total Pages : 305 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.

Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.