Recognition And Enforcement Of Foreign Judgments

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Foreign Judgments in Israel

Author : Haggai Carmon
Publisher : Springer Science & Business Media
Page : 256 pages
File Size : 51,7 Mb
Release : 2012-12-11
Category : Law
ISBN : 9783642320033

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Foreign Judgments in Israel by Haggai Carmon Pdf

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

Enforcement of Foreign Judgments Worldwide

Author : Charles Platto,William G. Horton
Publisher : Springer
Page : 312 pages
File Size : 51,5 Mb
Release : 1993-10-12
Category : Law
ISBN : STANFORD:36105060068082

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Enforcement of Foreign Judgments Worldwide by Charles Platto,William G. Horton Pdf

International Enforcement of Foreign Judgments

Author : B International Business Law Consortium
Publisher : Lulu.com
Page : 582 pages
File Size : 52,7 Mb
Release : 2006
Category : Law
ISBN : 9781411672574

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International Enforcement of Foreign Judgments by B International Business Law Consortium Pdf

The purpose of this directory is to briefly explain and summarise in an easy to follow question and answer format the law and procedures on enforcement of foreign civil and commercial judgments in key jurisdictions around the world. It is not intended to specifically cover family law or arbitration although in some instances references are made to relevant conventions and regulations in these areas. The jurisdictions and the corresponding questions and answers are set out alphabetically.

Procedures to Enforce Foreign Judgments

Author : Paul J. Omar
Publisher : Routledge
Page : 109 pages
File Size : 45,6 Mb
Release : 2017-11-22
Category : Law
ISBN : 9781351750677

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Procedures to Enforce Foreign Judgments by Paul J. Omar Pdf

This title was first published in 2002: Within Europe and beyond, foreign judgement enforcement is now an essential component for the development of international commerce. This indispensable volume traces and analyzes steps and procedures for the enforcement of foreign judgements in national courts, including summarizing the principles which are the preconditions for that enforcement.

Recognition and Enforcement of Foreign Judgments in Canada

Author : Jantree Sinsupparoek
Publisher : Unknown
Page : 89 pages
File Size : 43,8 Mb
Release : 2000
Category : Civil procedure (International law)
ISBN : 9747737183

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Recognition and Enforcement of Foreign Judgments in Canada by Jantree Sinsupparoek Pdf

The Law Market

Author : Erin A. O'Hara,Larry E. Ribstein
Publisher : Oxford University Press
Page : 288 pages
File Size : 50,6 Mb
Release : 2009-02-09
Category : Law
ISBN : 0199718482

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The Law Market by Erin A. O'Hara,Larry E. Ribstein Pdf

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.

Private International Law in Commonwealth Africa

Author : Richard Frimpong Oppong
Publisher : Cambridge University Press
Page : 559 pages
File Size : 47,5 Mb
Release : 2013-09-12
Category : Law
ISBN : 9780521199698

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Private International Law in Commonwealth Africa by Richard Frimpong Oppong Pdf

A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.

Enforcement of Foreign Arbitral Awards and Judgments in New York

Author : Andreas A. Frischknecht,Yasmine Lahlou,Gretta L. Walters
Publisher : Kluwer Law International B.V.
Page : 461 pages
File Size : 41,5 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041186355

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Enforcement of Foreign Arbitral Awards and Judgments in New York by Andreas A. Frischknecht,Yasmine Lahlou,Gretta L. Walters Pdf

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.

Recognition and Enforcement of Foreign Judgments

Author : United States. Congress,United States House of Representatives,Committee on the Judiciary
Publisher : Createspace Independent Publishing Platform
Page : 192 pages
File Size : 45,5 Mb
Release : 2017-12-09
Category : Electronic
ISBN : 1981564896

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Recognition and Enforcement of Foreign Judgments by United States. Congress,United States House of Representatives,Committee on the Judiciary Pdf

Recognition and enforcement of foreign judgments : hearing before the Subcommittee on Courts, Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, November 15, 2011.

Clarkson & Hill's Conflict of Laws

Author : Jonathan Hill,Maire Ni Shuilleabhain
Publisher : Oxford University Press
Page : 593 pages
File Size : 40,5 Mb
Release : 2016
Category : Conflict of laws
ISBN : 9780198732297

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Clarkson & Hill's Conflict of Laws by Jonathan Hill,Maire Ni Shuilleabhain Pdf

"[This book provides an] account of the private international law topics covered at undergraduate level. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters...The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the authors provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law."--

Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 47,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509924264

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Recognition and Enforcement of Judgments in Civil and Commercial Matters by Anselmo Reyes Pdf

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.