On Jurisdiction and the Recognition and Enforcement of Foreign Money Judgments

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Author :
Publisher : Unisa Press
ISBN 13 : 9781868883400
Total Pages : 360 pages
Book Rating : 4.8/5 (834 download)

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Book Synopsis On Jurisdiction and the Recognition and Enforcement of Foreign Money Judgments by : Christian Schulze

Download or read book On Jurisdiction and the Recognition and Enforcement of Foreign Money Judgments written by Christian Schulze and published by Unisa Press. This book was released on 2005 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law Market

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Author :
Publisher : Oxford University Press
ISBN 13 : 9780199718481
Total Pages : 288 pages
Book Rating : 4.7/5 (184 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 288 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.

Enforcement of Foreign Judgments Worldwide

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Enforcement of Foreign Judgments Worldwide by : Charles Platto

Download or read book Enforcement of Foreign Judgments Worldwide written by Charles Platto and published by Springer. This book was released on 1993-10-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Enforcement of Foreign Arbitral Awards and Judgments in New York

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186352
Total Pages : 461 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Enforcement of Foreign Arbitral Awards and Judgments in New York by : Andreas A. Frischknecht

Download or read book Enforcement of Foreign Arbitral Awards and Judgments in New York written by Andreas A. Frischknecht and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Merely obtaining a favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it. This book, more thoroughly than any other source, shows practitioners how to navigate the relevant laws in New York—a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book. Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following: • review of the fundamentals of U.S. practice and procedure for non–New York practitioners; • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement; • up-to-date, clear presentation of the relevant case law, including key state and federal decisions; • explanation of how state and federal laws intersect with international law; • review of significant recent developments impacting a creditor's ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and • comprehensive advice on the practicalities of executing a judgment. Given the critical role New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.

Private International Law in Commonwealth Africa

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Author :
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.

A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521858748
Total Pages : 660 pages
Book Rating : 4.8/5 (587 download)

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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

Enforcing Foreign Judgments in the United States and United States Judgments Abroad

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Author :
Publisher : Section of International Law
ISBN 13 :
Total Pages : 214 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Enforcing Foreign Judgments in the United States and United States Judgments Abroad by : Ronald A. Brand

Download or read book Enforcing Foreign Judgments in the United States and United States Judgments Abroad written by Ronald A. Brand and published by Section of International Law. This book was released on 1992 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains commentaries on the third restatement of the foreign relations law of the United States.

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.

Foreign Judgments in Israel

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 3642320031
Total Pages : 256 pages
Book Rating : 4.6/5 (423 download)

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Book Synopsis Foreign Judgments in Israel by : Haggai Carmon

Download or read book Foreign Judgments in Israel written by Haggai Carmon and published by Springer Science & Business Media. This book was released on 2012-12-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. -Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court

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.

Enforcement of Foreign Country Judgments

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Author :
Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Enforcement of Foreign Country Judgments by : Robert B. Von Mehren

Download or read book Enforcement of Foreign Country Judgments written by Robert B. Von Mehren and published by . This book was released on 1974 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Jurisdiction and Judgments Project

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Publisher :
ISBN 13 :
Total Pages : 148 pages
Book Rating : 4.F/5 ( download)

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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 2003 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Jurisdiction and Judgments Project

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Author :
Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Jurisdiction and Judgments Project by :

Download or read book International Jurisdiction and Judgments Project written by and published by . This book was released on 2004 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Foreign Court Judgments and the United States Legal System

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004278923
Total Pages : 196 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Foreign Court Judgments and the United States Legal System by : Paul B. Stephan

Download or read book Foreign Court Judgments and the United States Legal System written by Paul B. Stephan and published by Martinus Nijhoff Publishers. This book was released on 2014-07-03 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Court Judgments and the United States Legal System, edited by Paul B. Stephan, gathers essays from leading thinkers, scholars and practitioners in international law to address the recognition and enforcement of foreign court judgments in the United States legal system.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Policy and Pragmatism in the Conflict of Laws

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Publisher : Routledge
ISBN 13 : 1351787276
Total Pages : 210 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Policy and Pragmatism in the Conflict of Laws by : Michael J. Whincop

Download or read book Policy and Pragmatism in the Conflict of Laws written by Michael J. Whincop and published by Routledge. This book was released on 2018-02-06 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. After languishing for decades in the domains of rigid doctrinalism and confusing theory, the conflict of laws is increasingly being recognized as an important area of law to a global community. To demonstrate its importance, Michael Whincop and Mary Keyes transcend the divide between the English pragmatic tradition and the circularity of American policy-based theory. They argue that the law governing multistage conflicts can minimize the social costs of litigation, increase the extent of co-ordination, facilitate private ordering and limit regulatory monopolies and cross-border spillovers. Pragmatic in outlook and economic in methodology, they pursue these themes across a broad range of doctrinal issues and offer valuable links to parallel analyses in domestic contexts.

Orders Without Borders

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Publisher : World Bank Publications
ISBN 13 : 1464818304
Total Pages : 203 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Orders Without Borders by : Stefano Betti

Download or read book Orders Without Borders written by Stefano Betti and published by World Bank Publications. This book was released on 2022-06-15 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility of introducing a direct enforcement mechanism into their domestic legal frameworks and (2) countries that are already in a position to directly enforce foreign confi scation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes. It will be a useful tool in their work.