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The Hague Preliminary Draft Convention On Jurisdiction And Judgments
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Book Synopsis The Hague Preliminary Draft Convention on Jurisdiction and Judgments by : Fausto Pocar
Download or read book The Hague Preliminary Draft Convention on Jurisdiction and Judgments written by Fausto Pocar and published by Wolters Kluwer Italia. This book was released on 2005 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings consider the disagreements between the United States and Europe over recommendations made in the 1999 preliminary draft of the Hague Conference on Private International Law.
Book Synopsis International Jurisdiction and Judgments Project by : American Law Institute
Download or read book International Jurisdiction and Judgments Project written by American Law Institute and published by . This book was released on 2000 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Submitted to the members of the American Law Institute for discussion at the seventy-seventh annual meeting on May 15, 16, 17, and 18, 2000.
Book Synopsis Forum Non Conveniens by : Ronald A. Brand
Download or read book Forum Non Conveniens written by Ronald A. Brand and published by Oxford University Press. This book was released on 2007-07-27 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements.Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.
Book Synopsis The 2005 Hague Convention on Choice of Court Agreements by : Ronald A. Brand
Download or read book The 2005 Hague Convention on Choice of Court Agreements written by Ronald A. Brand and published by Cambridge University Press. This book was released on 2008-04-07 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The Convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.
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.
Book Synopsis Consultation Paper on the Draft Hague Convention on Exclusive Choice of Court Agreements Jurisdiction and Foreign Judgments by : Hong Kong Department of Justice. International Law Division
Download or read book Consultation Paper on the Draft Hague Convention on Exclusive Choice of Court Agreements Jurisdiction and Foreign Judgments written by Hong Kong Department of Justice. International Law Division and published by . This book was released on 2004 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Circulation of Judgments Under the Draft Hague Judgments Convention by : Ronald A. Brand
Download or read book The Circulation of Judgments Under the Draft Hague Judgments Convention written by Ronald A. Brand and published by . This book was released on 2019 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2018 draft of a Hague Judgments Convention adopts a framework based largely on what some have referred to as “jurisdictional filters.” Article 5(1) provides a list of thirteen authorized bases of indirect jurisdiction by which a foreign judgment is first tested. If one of these jurisdictional filters is satisfied, the resulting judgment is presumptively entitled to circulate under the convention, subject to a set of grounds for non-recognition that generally are consistent with existing practice in most legal systems. This basic architecture of the Convention has been assumed to be set from the start of the Special Commission process, and will be key to the Convention's acceptability to countries which might ratify or accede to any final Convention. An alternative approach to convention architecture, which would allow the test for judgment circulation to be built on as few as four rules, was considered and passed over in the earlier Working Group which preceded the Special Commission process. This article discusses the advantages and disadvantages of each of the 2018 draft Convention text as well as the alternative approach. It then suggests that, no matter which approach one considers to be better, the 2019 Diplomatic Conference should begin with an awareness of both options, and an understanding of the advantages and disadvantages of each, and move forward with a clear decision that the option chosen is the best alternative. Such consideration may (1) lead to the conclusion that the choices already made are the best for a multilateral treaty; (2) result in a determination that an alternative approach is a better option; or (3) demonstrate that one approach works best for some legal systems while another approach works best for other legal systems-leading to dual texts that could form the bases for differing bilateral and multilateral treaty relationships across the globe, while still improving the global framework for the recognition and enforcement of foreign judgments.
Book Synopsis Exclusive Choice of Court Agreements by : Australia. Attorney-General's Department. Civil Justice Division. Administrative Law and Civil Procedure Branch
Download or read book Exclusive Choice of Court Agreements written by Australia. Attorney-General's Department. Civil Justice Division. Administrative Law and Civil Procedure Branch and published by . This book was released on 2005 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Over recent years, the Hague Conference on Private International Law has been facilitating negotiations on a Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters...Since the decision was reached to confine the Convention to choice of court agreements in the business context (excluding consumer agreements), two Special Commissions (in December 2003 and April 2004) were held to consider the draft text. The Hague Conference hopes that the text will be finalised at a Diplomatic Conference scheduled for 14-30 June 2005. This paper addresses principally those matters which are expected to be the focus of discussion at the Diplomatic Conference." -- p. 1.
Book Synopsis Declining Jurisdiction Under the Brussels I Regulation 2001 and the Preliminary Draft Hague Judgments Convention: a Comparison by : Peter Nygh
Download or read book Declining Jurisdiction Under the Brussels I Regulation 2001 and the Preliminary Draft Hague Judgments Convention: a Comparison written by Peter Nygh and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Guide to Global Private International Law by : Paul Beaumont
Download or read book A Guide to Global Private International Law written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2022-05-05 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.
Book Synopsis Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 12 (1999) by : Johan G. Lammers
Download or read book Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 12 (1999) written by Johan G. Lammers and published by BRILL. This book was released on 2021-10-25 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Twelfth volume of the Hague Yearbook of International Law, which succeeds the Yearbook of the Association of Attenders and Alumni of the Hague Academy of International Law. The title Hague Yearbook of International Law reflects the close ties which have always existed between the AAA and the City of The Hague with its international law institutions, and indicates the Editor's intention to devote attention to developments taking place in those international law institutions, viz. the International Court of Justice, the Permanent Court of Arbitration, the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law. This volume contains in-depth articles on these developments (in English and French) and summaries of (aspects of) decisions rendered by the International Court of Justice, the Permanent Court of Arbitration and the Iran-United States Claims Tribunal, and the Hague Conference on Private International Law.
Book Synopsis Intellectual Property by : American Law Institute
Download or read book Intellectual Property written by American Law Institute and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Selected Legal Issues of E-Commerce by : Toshiyuki Kono
Download or read book Selected Legal Issues of E-Commerce written by Toshiyuki Kono and published by Kluwer Law International B.V.. This book was released on 2002-08-28 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: So rapid have been the developments of e-commerce, that it is now frequently said that this is the future of any commerce and that it carries the potential for enormous growth - at least for the business to business ("B2B") sector. This text covers some important legal issues arising in e-commerce.
Book Synopsis The Elgar Companion to the Hague Conference on Private International Law by : Thomas John
Download or read book The Elgar Companion to the Hague Conference on Private International Law written by Thomas John and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.
Book Synopsis A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad by : Robert E. Lutz
Download or read book A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad written by Robert E. Lutz and published by Cambridge University Press. This book was released on 2007 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis Legal Aspects of an E-commerce Transaction by : Andrea Schulz (Ph.D.)
Download or read book Legal Aspects of an E-commerce Transaction written by Andrea Schulz (Ph.D.) and published by sellier. european law publ.. This book was released on 2006 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions contained in these conference proceedings illustrate how the existing and future regulatory framework operates for online business transactions. Legal Aspects of an E-Commerce Transaction examines various national and international laws and treaties as well as European Community law. The book looks at self-regulatory codes of conduct elaborated by business organizations relating to advertising, spam, competition, and the use of intellectual property rights, to the conclusion of online contracts and their performance. Additionally, post-contractual issues, dispute resolution, and taxation are discussed, and their interaction is examined. Rules on electronic payment, electronic invoicing, and the taxation of electronic business transactions are equally addressed.
Book Synopsis Blumberg on Corporate Groups by : Phillip I. Blumberg
Download or read book Blumberg on Corporate Groups written by Phillip I. Blumberg and published by Wolters Kluwer. This book was released on 2005-01-01 with total page 5804 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new five volume "Second Edition" of "Blumberg on
