Recognition And Enforcement Of Judgments In Civil And Commercial Matters

Author : Anselmo Reyes
Publisher : Bloomsbury Publishing
Page : 411 pages
File Size : 41,9 Mb
Release : 2019-09-19
Category : Law
ISBN : 9781509924271

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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.

Author : Christian Schulze
Publisher : Unisa Press
Page : 360 pages
File Size : 52,8 Mb
Release : 2005
Category : Business & Economics
ISBN : 186888340X

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On Jurisdiction and the Recognition and Enforcement of Foreign Money Judgments by Christian Schulze Pdf

Author : Carel J. H. Lynden (baron van)
Publisher : Sweet & Maxwell
Page : 347 pages
File Size : 48,5 Mb
Release : 2013
Category : Law
ISBN : 9780414027053

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Enforcement of Judgments, Awards & Deeds in Commercial Matters by Carel J. H. Lynden (baron van) Pdf

"One of the first things international practitioners must consider is where to conduct legal proceedings. But the second thought must be whether a judgment or award, or a deed for that matter, is enforceable in the debtor's jurisdiction or the jurisdiction where there are assets. This first edition of Enforcement of Judgments, Awards and Deeds, provides the answer to such questions for a variety of jurisdictions. The New York Convention of 1958 is widely implemented, and therewith provides the basis for recognition of arbitral awards in many countries; where court judgments are concerned, the position is different. This book assists practitioners to make the right choice." -- (Cover)

Author : Jie (Jeanne) Huang
Publisher : Bloomsbury Publishing
Page : 352 pages
File Size : 48,9 Mb
Release : 2014-11-01
Category : Law
ISBN : 9781782253716

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Interregional Recognition and Enforcement of Civil and Commercial Judgments by Jie (Jeanne) Huang Pdf

Judgment recognition and enforcement (JRE) between the US states, between EU Member States, and between mainland China, Hong Kong and Macao, are all forms of 'interregional JRE'. This extensive comparative study of the three most important JRE regimes focuses on what lessons China can draw from the US and the EU in developing a multilateral JRE arrangement for mainland China, Hong Kong and Macao.Mainland China, Hong Kong and Macao share economic, geographical, cultural, and historical proximity to one another. The policy of 'One Country, Two Systems' also provides a quasi-constitutional regime for the three regions. However, there is no multilateral JRE scheme among them, as there is in the US and the EU; and it is harder to recognise and enforce sister-region judgments in China than in the US and the EU. The book analyses the status quo of JRE in China and explores its insufficiencies; it proposes a multilateral JRE arrangement for Chinese regions to alleviate current JRE difficulties; and it also provides solutions for the macro and micro challenges of establishing a multilateral arrangement, drawing upon the rich literature on JRE regimes found in the US and the EU. ENDORSEMENTS 'Professor Huang has completed a highly readable and comprehensive study of the issues governing recognition and enforcement of judgments among the three distinct legal regimes of the People's Republic of China...Her ideas will surely enrich the Chinese debate as well as provide interesting scholarly material for non-Chinese seeking greater understanding of legal reform in the PRC'. Peter D Trooboff, Senior Counsel, Covington & Burling LLP, Washington DC, USA 'The book shows meticulous, analytical and comparative scholarship. Dr Huang's proposal of a multilateral arrangement makes an original and valuable contribution to the study of interregional judgment recognition and enforcement among Mainland China, Hong Kong, and Macao'. Renshan Liu, Professor and Dean, Law School of Zhongnan University of Economics and Law, China 'Dr Huang's timely work provides an insightful analysis of one of the more vexed aspects of the inter-regional legal relations in Greater China. Her careful investigation makes a valuable contribution to the academic and practical work on the recognition and enforcement of judgments between China and her two special administrative regions. The comparative approach she adopts represents the true utility of comparativism for legal scholarship'. Bing Ling, Professor of Chinese Law, Sydney Law School, Australia PREFACE AND FOREWORD Please click on the link below to read the preface and foreword: www.hartpub.co.uk/Huang_Preface_Foreword.pdf The book won the First Prize for Excellent Scholarship awarded by the China Society of Private International Law in 2015.

Author : Jannet A. Pontier,Edwige Burg
Publisher : T.M.C. Asser Press
Page : 278 pages
File Size : 53,6 Mb
Release : 2004-08-12
Category : Law
ISBN : 9067041734

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EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters by Jannet A. Pontier,Edwige Burg Pdf

The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS

Author : Jannet A. Pontier,Edwige Burg
Publisher : T.M.C. Asser Press
Page : 278 pages
File Size : 45,7 Mb
Release : 2011-01-18
Category : Law
ISBN : 9067046205

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EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters by Jannet A. Pontier,Edwige Burg Pdf

The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS

Author : Paul Kapteyn,Claus-Dieter Ehlermann,Kenneth Simmonds,Jan Winter
Publisher : Springer
Page : 243 pages
File Size : 50,8 Mb
Release : 2013-11-11
Category : Law
ISBN : 9789401532730

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Common Market Law Review by Paul Kapteyn,Claus-Dieter Ehlermann,Kenneth Simmonds,Jan Winter Pdf

Author : Jannet A. Pontier,Edwige Burg
Publisher : T.M.C. Asser Press
Page : 0 pages
File Size : 41,7 Mb
Release : 2004
Category : Law
ISBN : 9067046191

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EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters by Jannet A. Pontier,Edwige Burg Pdf

For international lawyers, the European rules on jurisdiction and recognition and enforcement of judgments in civil and commercial matters are of great practical importance. Since March 2002, these rules have been laid down in an EU Regulation (44/2001) which essentially replaced the 1968 Brussels Convention. The preliminary considerations to the Regulation imply that the decisions in which the Court of Justice of the EC has interpreted the Brussels Convention remain relevant for the interpretation of the Regulation. Hence, in order to have a thorough understanding of the Regulation, an in-depth knowledge of the EC Court’s case law regarding the Brussels Convention is imperative. The present study is based on an analysis of more than one hundred decisions that the Court has delivered under the Brussels Convention. It appears that the significance of the Court’s case law lies not only in the final outcome of these decisions, but also in the principles that the Court consistently refers to in arriving at its decisions. The authors piece together the system of principles that has become apparent in the Court’s reasoning. An understanding of this system not only sheds light on how and why the Court has reached its past decisions, but it also enables lawyers to understand the confines within which the Court’s argumentation is likely to take place in future cases under the Regulation. A publication which focuses on the principles used by the Court to justify its decisions in this particular area of law, has been lacking. This book aims to fill that gap. Its value extends beyond the academic realm and into the field of legal practice.

Author : Paul J. Omar
Publisher : Routledge
Page : 109 pages
File Size : 49,6 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.

Author : Yuan Min
Publisher : Unknown
Page : 240 pages
File Size : 41,6 Mb
Release : 2007
Category : Conflict of laws
ISBN : 9077096221

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Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters in the PRC, Hong Kong, Macau, and Taiwan by Yuan Min Pdf

Author : Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Publisher : Kluwer Law International B.V.
Page : 472 pages
File Size : 42,5 Mb
Release : 2018-09-14
Category : Law
ISBN : 9789041194176

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Remedies Concerning Enforcement of Foreign Judgements by Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc Pdf

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.

Author : Du Ngoc Bich
Publisher : Unknown
Page : 277 pages
File Size : 52,5 Mb
Release : 2006
Category : Civil law
ISBN : 9077096132

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Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters by Du Ngoc Bich Pdf

Author : Ronald A. Brand,American Bar Association. Section of International Law and Practice
Publisher : Section of International Law
Page : 214 pages
File Size : 45,6 Mb
Release : 1992
Category : Law
ISBN : STANFORD:36105044609928

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Enforcing Foreign Judgments in the United States and United States Judgments Abroad by Ronald A. Brand,American Bar Association. Section of International Law and Practice Pdf

This volume contains commentaries on the third restatement of the foreign relations law of the United States.

Author : Adrian Briggs
Publisher : CRC Press
Page : 2008 pages
File Size : 51,9 Mb
Release : 2015-06-12
Category : Law
ISBN : 9781317566564

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Civil Jurisdiction and Judgments by Adrian Briggs Pdf

Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.

Author : Court of Justice of the European Communities
Publisher : Luxembourg : Office for Official Publications of the European Communities
Page : 1130 pages
File Size : 44,6 Mb
Release : 1993
Category : Civil law
ISBN : STANFORD:36105071563204

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Digest of Case-law Relating to the European Communities by Court of Justice of the European Communities Pdf

Judgements of the Court of Justice of the European Communities and selected decisions of courts of member states on the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters.