The HCCH 2019 Judgments Convention

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509959556
Total Pages : 407 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The HCCH 2019 Judgments Convention by : Matthias Weller

Download or read book The HCCH 2019 Judgments Convention written by Matthias Weller and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.

HCCH 2019 Judgments Convention

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Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (116 download)

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Book Synopsis HCCH 2019 Judgments Convention by : P. Vlas

Download or read book HCCH 2019 Judgments Convention written by P. Vlas and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Explanatory Report on the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil Or Commercial Matters

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Author :
Publisher :
ISBN 13 : 9789083063324
Total Pages : pages
Book Rating : 4.0/5 (633 download)

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Book Synopsis Explanatory Report on the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil Or Commercial Matters by : Francisco J. Garcimartín Alférez

Download or read book Explanatory Report on the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil Or Commercial Matters written by Francisco J. Garcimartín Alférez and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

The Elgar Companion to the Hague Conference on Private International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788976509
Total Pages : 544 pages
Book Rating : 4.7/5 (889 download)

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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.

Remedies Concerning Enforcement of Foreign Judgements

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041194177
Total Pages : 472 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Remedies Concerning Enforcement of Foreign Judgements by : Vesna Rijavec

Download or read book Remedies Concerning Enforcement of Foreign Judgements written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2018-09-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

When Private International Law Meets Intellectual Property Law

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Author :
Publisher : WIPO
ISBN 13 : 9280529137
Total Pages : 92 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis When Private International Law Meets Intellectual Property Law by : World Intellectual Property Organization

Download or read book When Private International Law Meets Intellectual Property Law written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-10-15 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-published by WIPO and the Hague Conference on Private International Law, this guide is a pragmatic tool, written by judges, for judges, examining how private international law operates in intellectual property (IP) matters. Using illustrative references to selected international and regional instruments and national laws, the guide aims to help judges apply the laws of their own jurisdiction, supported by an awareness of key issues concerning jurisdiction of the courts, applicable law, the recognition and enforcement of judgments, and judicial cooperation in cross-border IP disputes.

International Co-operation in Civil and Criminal Matters

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Publisher : OUP Oxford
ISBN 13 : 0191637211
Total Pages : 416 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Co-operation in Civil and Criminal Matters by : David McClean

Download or read book International Co-operation in Civil and Criminal Matters written by David McClean and published by OUP Oxford. This book was released on 2012-06-14 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over a century states have co-operated in providing evidence for use in civil trials in other countries. The growth of international crimes such as drug-trafficking, money-laundering, terrorism, and insider-trading now pose a substantial threat to the economies and stability of states, and governments and international organizations have been quick to expand past experience into a variety of responses - both diplomatic and institutional - to the new international crimes. This book sets out the law applicable to co-operation between states in these areas, and investigates the relevant practice and case law. It discusses both the civil and criminal dimensions of international co-operation. The new edition incorporates the vast number of developments that have taken place since the previous edition published in 2002, including the European Union's resolve to build an area of freedom, security, and justice, and the recent major update of the Commonwealth Scheme.

Civil Jurisdiction and Judgments in Europe

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Publisher :
ISBN 13 : 9780191879807
Total Pages : 569 pages
Book Rating : 4.8/5 (798 download)

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Book Synopsis Civil Jurisdiction and Judgments in Europe by : Trevor Clayton Hartley

Download or read book Civil Jurisdiction and Judgments in Europe written by Trevor Clayton Hartley and published by . This book was released on 2019 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Hague Judgments Convention and Commonwealth Model Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509947086
Total Pages : 291 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Hague Judgments Convention and Commonwealth Model Law by : Abubakri Yekini

Download or read book The Hague Judgments Convention and Commonwealth Model Law written by Abubakri Yekini and published by Bloomsbury Publishing. This book was released on 2021-08-12 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.

The 2005 Hague Convention on Choice of Court Agreements

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521878661
Total Pages : 336 pages
Book Rating : 4.8/5 (786 download)

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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 336 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.

The Law Market

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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.

Cross-border Recognition and Enforcement of Foreign Judicial Decisions in South East Europe and Perspectives of HCCH 2019 Judgments Convention

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (142 download)

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Book Synopsis Cross-border Recognition and Enforcement of Foreign Judicial Decisions in South East Europe and Perspectives of HCCH 2019 Judgments Convention by :

Download or read book Cross-border Recognition and Enforcement of Foreign Judicial Decisions in South East Europe and Perspectives of HCCH 2019 Judgments Convention written by and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The HCCH 2019 Judgments Convention

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959548
Total Pages : 407 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The HCCH 2019 Judgments Convention by : Matthias Weller

Download or read book The HCCH 2019 Judgments Convention written by Matthias Weller and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.

Conflict of Laws and the Internet

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Publisher : Edward Elgar Publishing
ISBN 13 : 1035315130
Total Pages : 561 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Conflict of Laws and the Internet by : Pedro De Miguel Asensio

Download or read book Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.

Private International Law in Nigeria

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509911146
Total Pages : 532 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Private International Law in Nigeria by : Chukwuma Okoli

Download or read book Private International Law in Nigeria written by Chukwuma Okoli and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rules, principles, and doctrines in Nigerian law for resolving cases involving cross-border issues. It is the first book-length treatise devoted to the full spectrum of private international law issues in Nigeria. As a result of increased international business transactions, trade, and investment with Nigeria, such cross-border issues are more prevalent than ever. The book provides an overview of the relevant body of Nigerian law, with comparative perspectives from other legal systems. Drawing on over five hundred Nigerian cases, relevant statutes, and academic commentaries, this book examines jurisdiction in interstate and international disputes, choice of law, the enforcement of foreign judgments and international arbitral awards, domestic remedies affecting foreign proceedings, and international judicial assistance in the service of legal processes and taking of evidence. Academics, researchers, and students, as well as judges, arbitrators, practitioners, and legislators alike will find Private International Law in Nigeria an instructive and practical guide.

Commercial Issues in Private International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509922881
Total Pages : 417 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Commercial Issues in Private International Law by : Michael Douglas

Download or read book Commercial Issues in Private International Law written by Michael Douglas and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: As people, business, and information cross borders, so too do legal disputes. Globalisation means that courts need to apply principles of private international law with increasing frequency. Thus, as the Law Society of New South Wales recognised in its 2017 report The Future of Law and Innovation in the Profession, knowledge of private international law is increasingly important to legal practice. In particular, it is essential to the modern practice of commercial law. This book considers key issues at the intersection of commercial law and private international law. The authors include judges, academics and practising lawyers, from Australia, New Zealand, Singapore and the United Kingdom. They bring a common law perspective to contemporary problems concerning the key issues in private international law: jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book also addresses issues of evidence and procedure in cross-border litigation, and the impact of recent developments at the Hague Conference on Private International Law, including the Convention on Choice of Court Agreements on common law principles of private international law.