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International Jurisdiction And The Recognition And Enforcement Of Foreign Judgments In The Lawasia Region
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Book Synopsis International Jurisdiction and the Recognition and Enforcement of Foreign Judgments in the LAWASIA Region by : Bradford A. Caffrey
Download or read book International Jurisdiction and the Recognition and Enforcement of Foreign Judgments in the LAWASIA Region written by Bradford A. Caffrey and published by . This book was released on 1985 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Comparative Recognition and Enforcement by : Drossos Stamboulakis
Download or read book Comparative Recognition and Enforcement written by Drossos Stamboulakis and published by Cambridge University Press. This book was released on 2022-11-24 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention. This book is an essential resource for policymakers, scholars, and intergovernmental organisations to understand the nature and origin of recognition and enforcement approaches, as well as their application, interpretation, and future directions.
Book Synopsis Legal Aspects of Economic Integration in Africa by : Richard Frimpong Oppong
Download or read book Legal Aspects of Economic Integration in Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2011-07-07 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.
Book Synopsis 香港研究博士论文注释书目 by : Frank Joseph Shulman
Download or read book 香港研究博士论文注释书目 written by Frank Joseph Shulman and published by Hong Kong University Press. This book was released on 2001-01-01 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt: A descriptively annotated, multidisciplinary, cross-referenced and extensively indexed guide to 2,395 dissertations that are concerned either in whole or in part with Hong Kong and with Hong Kong Chinese students and emigres throughout the world.
Book Synopsis Party Autonomy in Contractual Choice of Law in China by : Jieying Liang
Download or read book Party Autonomy in Contractual Choice of Law in China written by Jieying Liang and published by Cambridge University Press. This book was released on 2018-03-22 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than thirty years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts.
Book Synopsis Tulane Journal of International and Comparative Law by :
Download or read book Tulane Journal of International and Comparative Law written by and published by . This book was released on 2005 with total page 1126 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Current Legal Issues in International Commercial Litigation by : Keang Sood Teo
Download or read book Current Legal Issues in International Commercial Litigation written by Keang Sood Teo and published by Faculty of Law National University of Singapore. This book was released on 1997 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Anglo-American Perspectives on Private International Law by : Matthew Alan Reed
Download or read book Anglo-American Perspectives on Private International Law written by Matthew Alan Reed and published by Edwin Mellen Press. This book was released on 2003 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reed (criminal and private law, Sunderland University) provides an account of the common themes, related jurisprudence, and theoretical underpinnings that have guided Anglo-American traditions in family law, tort jurisdiction, choice of laws, and recognition and enforcement of foreign judgments. He strives to provide a global perspective by considering English common law practice, model templates provided by the Brussels, Lugano, and Rome Conventions, American jurisprudence, and recent Commonwealth initiatives. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
Book Synopsis The Enforcement of Judgments Between Canadian Provinces by : Law Reform Commission of British Columbia
Download or read book The Enforcement of Judgments Between Canadian Provinces written by Law Reform Commission of British Columbia and published by . This book was released on 1989 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cross-Border Litigation Within ASEAN:The Prospect for Harmonization of Civil and Commercial Litigation by : Colin Ong
Download or read book Cross-Border Litigation Within ASEAN:The Prospect for Harmonization of Civil and Commercial Litigation written by Colin Ong and published by Springer. This book was released on 1997-08-27 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can civil and commercial litigation be harmonised? Cross-Border Litigation within ASEAN provides a means of harmonising some aspects of cross-border civil and commercial litigation within the member states of the ASEAN (Association of South East Asian Nations). These aspects include the recognition and enforcement of foreign judgments and the jurisdictional bases involved in the litigation process. This work provides a pragmatic example that can be utilised by the ASEAN member states on how to harmonise those vital aspects of cross-border litigation and ultimately assist in the acceleration of the development of the ASEAN Free Trade Area (AFTA). As yet, no existing legal mechanism can deal with the problems and disputes of foreign private investors and businesses that aim to take advantage of the AFTA by conducting cross border transactions within several ASEAN member states. Cross-Border Litigation within ASEAN delves into the relevant civil and commercial laws of the ASEAN member states and looks at examples of problems that have been faced and overcome by courts in England and the United States and by the European Court of Justice, and their solutions. This is the first book of its kind to examine and discuss the private international commercial laws of the individual ASEAN member states and to address important business issues such as forum selection clauses, forum shopping, multiplicity of actions, and injunctive relief offered by the courts of the region.
Book Synopsis Direct Jurisdiction by : Anselmo Reyes
Download or read book Direct Jurisdiction written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
Download or read book Law Institute Journal written by and published by . This book was released on 1986 with total page 1688 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Going Digital 2000 by : Anne Fitzgerald
Download or read book Going Digital 2000 written by Anne Fitzgerald and published by . This book was released on 2000 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Journal written by and published by . This book was released on 1977 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Indian Private International Law by : Stellina Jolly
Download or read book Indian Private International Law written by Stellina Jolly and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative account of the evolution and application of private international law principles in India in civil commercial and family matters. Through a structured evaluation of the legislative and judicial decisions, the authors examine the private international law in the Republic and whether it conforms to international standards and best practices as adopted in major jurisdictions such as the European Union, the United Kingdom, the United States, India's BRICS partners - Brazil, Russia, China and South Africa and other common law systems such as Australia, Canada, New Zealand, and Nepal. Divided into 13 chapters, the book provides a contextualised understanding of legal transformation on key aspects of the Indian conflict-of-law rules on jurisdiction, applicable law and the recognition and enforcement of foreign judgments or arbitral awards. Particularly fascinating in this regard is the discussion and focus on both traditional and contemporary areas of private international law, including marriage, divorce, contractual concerns, the fourth industrial revolution, product liability, e-commerce, intellectual property, child custody, surrogacy and the complicated interface of 'Sharia' in the conflict-of-law framework. The book deliberates the nuanced perspective of endorsing the Hague Conference on Private International Law instruments favouring enhanced uniformity and predictability in matters of choice of court, applicable law and the recognition and enforcement of foreign judgments. The book's international and comparative focus makes it eminently resourceful for legislators, the judges of Indian courts and other interested parties such as lawyers and litigants when they are confronted with cross-border disputes that involve an examination of India's private international law. The book also provides a comprehensive understanding of Indian private international law, which will be useful for academics and researchers looking for an in-depth discussion on the subject.
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:
