Recognition and Enforcement of Judgments in Civil and Commercial Matters

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924272
Total Pages : 411 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 411 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.

Asian Yearbook of International Law, 1997

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Author :
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.

Private International Law in Commonwealth Africa

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Publisher : Cambridge University Press
ISBN 13 : 0521199697
Total Pages : 559 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Private International Law in Commonwealth Africa by : Richard Frimpong Oppong

Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

The Conflict of Laws in Hong Kong

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Author :
Publisher :
ISBN 13 : 9789626618837
Total Pages : 854 pages
Book Rating : 4.6/5 (188 download)

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Book Synopsis The Conflict of Laws in Hong Kong by : Graeme Johnston

Download or read book The Conflict of Laws in Hong Kong written by Graeme Johnston and published by . This book was released on 2017 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Hong Kong Legal System

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Publisher : Cambridge University Press
ISBN 13 : 1108721826
Total Pages : 447 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis The Hong Kong Legal System by : Stefan H. C. Lo

Download or read book The Hong Kong Legal System written by Stefan H. C. Lo and published by Cambridge University Press. This book was released on 2020 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an accessible overview of Hong Kong's legal system and guides first-year law students in legal research and methods.

Enforcement of Judgments in Hong Kong

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Author :
Publisher : Butterworth-Heinemann
ISBN 13 :
Total Pages : 480 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Enforcement of Judgments in Hong Kong by : Gary N. Heilbronn

Download or read book Enforcement of Judgments in Hong Kong written by Gary N. Heilbronn and published by Butterworth-Heinemann. This book was released on 1998 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Trials Bench Book

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (225 download)

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Book Synopsis Civil Trials Bench Book by :

Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.

Hong Kong's Constitutional Debate

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Publisher : Hong Kong University Press
ISBN 13 : 9622095097
Total Pages : 549 pages
Book Rating : 4.6/5 (22 download)

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Book Synopsis Hong Kong's Constitutional Debate by : Johannes M.M. Chan

Download or read book Hong Kong's Constitutional Debate written by Johannes M.M. Chan and published by Hong Kong University Press. This book was released on 2000-02-01 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores legal and constitutional issues in Hong Kong's relationship with mainland China through an analysis of the litigation on the right of abode of the children of Hong Kong residents who are born and live in the mainland. The litigation in the Hong Kong courts and the subsequent interpretation by the Standing Committee of the National People's Congress were followed with keen interest both locally and internationally, and had provoked great controversy. The differing approaches to and styles of interpretation of the Court and the Standing Committee provide a vivid demonstration of the clash of legal systems within which Hong Kong's constitutional system has to operate. These issues are discussed in this book by Hong Kong's leading legal scholars and practitioners. This book offers perspectives to solve these controversies and to develop an acceptable approach to the interpretation of the Basic Law. It captures the sustained public debate on constitutional issues and provides a historical record of this constitutional debate. It also contains the full texts of the decision of the Court and the Interpretation by the Standing Committee.

Conflict of Laws in the People’s Republic of China

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808597
Total Pages : 507 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Conflict of Laws in the People’s Republic of China by : Zheng Sophia Tang

Download or read book Conflict of Laws in the People’s Republic of China written by Zheng Sophia Tang and published by Edward Elgar Publishing. This book was released on 2016-07-27 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.

Asian Courts in Context

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Publisher : Cambridge University Press
ISBN 13 : 1107066085
Total Pages : 633 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Asian Courts in Context by : Jiunn-rong Yeh

Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

Enforcement and Effectiveness of Consumer Law

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Author :
Publisher : Springer
ISBN 13 : 3319784315
Total Pages : 708 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis Enforcement and Effectiveness of Consumer Law by : Hans-W. Micklitz

Download or read book Enforcement and Effectiveness of Consumer Law written by Hans-W. Micklitz and published by Springer. This book was released on 2018-07-06 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

Asian Yearbook of International Law, Volume 23 (2017)

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Publisher : BRILL
ISBN 13 : 9004415823
Total Pages : 343 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Asian Yearbook of International Law, Volume 23 (2017) by : Seokwoo Lee

Download or read book Asian Yearbook of International Law, Volume 23 (2017) written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.

The Guide to Challenging and Enforcing Arbitration Awards

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Author :
Publisher :
ISBN 13 : 9781838625757
Total Pages : 779 pages
Book Rating : 4.6/5 (257 download)

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Book Synopsis The Guide to Challenging and Enforcing Arbitration Awards by : John William Rowley

Download or read book The Guide to Challenging and Enforcing Arbitration Awards written by John William Rowley and published by . This book was released on 2021 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Interregional Recognition and Enforcement of Civil and Commercial Judgments

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253726
Total Pages : 366 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Interregional Recognition and Enforcement of Civil and Commercial Judgments by : Jie Huang

Download or read book Interregional Recognition and Enforcement of Civil and Commercial Judgments written by Jie Huang and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU. ENDORSEMENTS 'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China...Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'. Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA 'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'. Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'. Bing Ling, Professor of Chinese Law, Sydney Law School, Australia PREFACE AND FOREWORD Please click on the link below to read the preface and foreword: www.hartpub.co.uk/Huang_Preface_Foreword.pdf The book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.

Enforcement of Judgments, Awards & Deeds in Commercial Matters

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Author :
Publisher : Sweet & Maxwell
ISBN 13 : 0414027051
Total Pages : 347 pages
Book Rating : 4.4/5 (14 download)

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Book Synopsis Enforcement of Judgments, Awards & Deeds in Commercial Matters by : Carel J. H. Lynden (baron van)

Download or read book Enforcement of Judgments, Awards & Deeds in Commercial Matters written by Carel J. H. Lynden (baron van) and published by Sweet & Maxwell. This book was released on 2013 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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)

The Brussels I Regulation Recast

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Publisher : Oxford University Press, USA
ISBN 13 : 9780198714286
Total Pages : 0 pages
Book Rating : 4.7/5 (142 download)

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Book Synopsis The Brussels I Regulation Recast by : Andrew Dickinson

Download or read book The Brussels I Regulation Recast written by Andrew Dickinson and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1: Andrew Dickinson: Background and Introduction to the Regulation 2: Martin Illmer, Arnaud Nuyts, Jonathan Fitchen: Scope and Definitions (Art. 1 - 3) 3: Helene van Lith: Jurisdiction - General Provisions (Art. 4-6) 4: Matthias Lehmann, Eva Lein, Pippa Rogerson, Marie Elodie Ancel: Special Jurisdiction (Art. 7-9) 5: Stefania Bariatti: Jurisdiction in Matters Relating to Insurance (Arts. 10-16) 6: Andrea Bonomi: Jurisdiction over Consumer Contracts (Arts. 17-19) 7: Louise Merrett: Jurisdiction over Individual Contracts of Employment (Arts. 20-23) 8: Matthias Lehmann: Exclusive Jurisdiction (Art. 24) 9: Paco Garcimartin: Prorogation of Jurisdiction - Choice of Court Agreements and Submission (Arts. 25-26) 10: Xandra Kramer: Examination as to Jurisdiction and Admissibility (Arts. 27-28) 11: Pippa Rogerson, Paco Garcimartin, Matthias Lehmann: Lis Pendens and Related Actions (Arts. 29-34) 12: Arnaud Nuyts: Provisional, Including Protective Measures (Art. 35) 13: Pietro Franzina, Xandra Kramer, Jonathan Fitchen: The Recognition and Enforcement of Member State Jud gements (Arts. 36-57) 14: Jonathan Fitchen, Xandra Kramer: Authentic Instruments and Court Settlements (Arts. 58-60) 15: Martin George, Jonathan Fitchen, Marie-Elodie Ancel: General Provisions (Arts. 61-65) 16: Andrew Dickinson: Transitional Provisions (Art. 66) 17: Pippa Rogerson, Andrea Bonomi, Martin Illmer: Relationship with other Instruments (Arts. 67-73) 18: Andrew Dickinson: Final Provisions (Arts. 74-81) Appendix 1. The Regulation: English, French and German language versions. Appendix 2. Comparison of 2001 Regulation and Recast Regulation Appendix 3. Commission Proposal (Annexes omitted) Appendix 4. Explanatory Statement within the Final Report of the EP Legal Affairs (JURI) Committee Appendix 5. Information Published by the Commission Pursuant to Art 76.

Hong Kong Civil Court Practice

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Author :
Publisher :
ISBN 13 : 9789888477890
Total Pages : 2078 pages
Book Rating : 4.4/5 (778 download)

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Book Synopsis Hong Kong Civil Court Practice by : David Edmond Neuberger

Download or read book Hong Kong Civil Court Practice written by David Edmond Neuberger and published by . This book was released on 2019 with total page 2078 pages. Available in PDF, EPUB and Kindle. Book excerpt: