Remedies Concerning Enforcement Of Foreign Judgements

Author : Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Publisher : Kluwer Law International B.V.
Page : 472 pages
File Size : 40,9 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 : Dennis Campbell
Publisher : L L P
Page : 473 pages
File Size : 55,8 Mb
Release : 1997-01-01
Category : Executions (Law)
ISBN : 1859781233

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Enforcement of Foreign Judgments by Dennis Campbell Pdf

This work examines the position of the foreign creditor in 29 major common and civil law jurisdictions. The book explains the strategies and remedies available in each including: the recognition and enforcement of foreign judgements, including the effect of bilateral or multilateral treaties and international conventions on the creditor and the debtor; the availability of interim measures, such as attachment, seizure or injunction; and the legal effect of the bankruptcy of the opponent.

Author : Paul J. Omar
Publisher : Routledge
Page : 109 pages
File Size : 44,7 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 : Anselmo Reyes
Publisher : Bloomsbury Publishing
Page : 411 pages
File Size : 55,7 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 : Richard Frimpong Oppong
Publisher : Cambridge University Press
Page : 559 pages
File Size : 46,5 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.

Author : Vesna Lazic Lazić,Peter Mankowski
Publisher : Edward Elgar Publishing
Page : 603 pages
File Size : 46,9 Mb
Release : 2023-08-14
Category : Law
ISBN : 9781800370159

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The Brussels I-bis Regulation by Vesna Lazic Lazić,Peter Mankowski Pdf

The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.

Author : David Jackson
Publisher : CRC Press
Page : 1669 pages
File Size : 41,6 Mb
Release : 2013-08-22
Category : Law
ISBN : 9781135119225

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Enforcement of Maritime Claims by David Jackson Pdf

The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.

Author : Adrian Briggs
Publisher : CRC Press
Page : 2008 pages
File Size : 52,6 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 : Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Publisher : Springer Nature
Page : 401 pages
File Size : 53,7 Mb
Release : 2023-12-30
Category : Law
ISBN : 9783031471087

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Diversity of Enforcement Titles in the EU by Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc Pdf

This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

Author : Requejo Isidro, Marta
Publisher : Edward Elgar Publishing
Page : 1011 pages
File Size : 49,7 Mb
Release : 2022-03-08
Category : Law
ISBN : 9781789908176

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Brussels I Bis by Requejo Isidro, Marta Pdf

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.

Author : Claire Sandbrook
Publisher : Unknown
Page : 566 pages
File Size : 49,9 Mb
Release : 2015-12-31
Category : Electronic
ISBN : 0414052706

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Enforcement of a Judgment by Claire Sandbrook Pdf

Author : Haggai Carmon
Publisher : Springer Science & Business Media
Page : 256 pages
File Size : 53,7 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

Author : Valentina Volpe,Anne Peters,Stefano Battini
Publisher : Springer Nature
Page : 427 pages
File Size : 47,5 Mb
Release : 2021-04-08
Category : Law
ISBN : 9783662623046

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Remedies against Immunity? by Valentina Volpe,Anne Peters,Stefano Battini Pdf

The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.

Author : Chukwuma Okoli,Richard Oppong
Publisher : Bloomsbury Publishing
Page : 532 pages
File Size : 55,7 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781509911141

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Private International Law in Nigeria by Chukwuma Okoli,Richard Oppong Pdf

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.

Author : Burkhard Hess,Peter Schlosser,Thomas Pfeiffer
Publisher : Hart Pub Limited
Page : 229 pages
File Size : 50,9 Mb
Release : 2008
Category : Law
ISBN : 1841139017

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Brussels 1 Regulation by Burkhard Hess,Peter Schlosser,Thomas Pfeiffer Pdf

On March 1, 2003, the Brussels I-Council Regulation (EC) No 44/2001 of 22nd December 2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters (Judgment Regulation) became the cornerstone of European civil procedural law. The Regulation is directly applicable in all Member States and forms the residual instrument in cross-border civil procedures in the European Union. This report provides a comprehensive analysis of the application of the Regulation in the Member States, based on interviews, statistics, and practical research in the files of the national courts. The report concludes that the Regulation does not require fundamental amendment, but that several improvements should be considered, especially with regard to the general function of the Regulation as the residual instrument of European procedural law.