Описание: This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective.
The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments’ enforcement scheme at national, bilateral and multilateral levels.
Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book’s comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.
Автор: Joao Ribeiro-Bidaoui, Matthias Weller, Moritz Brinkmann, Nina Dethloff Название: The HCCH 2019 Judgments Convention: Cornerstones, Prospects, Outlook ISBN: 150995953X ISBN-13(EAN): 9781509959532 Издательство: Bloomsbury Academic Рейтинг: Цена: 19008.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its ‘mechanics’, i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.
Описание: 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.
Описание: 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.
Автор: Kennett, Wendy Название: Enforcement of judgments in europe ISBN: 0198298196 ISBN-13(EAN): 9780198298199 Издательство: Oxford Academ Рейтинг: Цена: 36432.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Combining analysis of the EU`s moves towards harmonization of civil procedure and execution of judgments with a comparative survey of existing arrangements for enforcement in representative European jurisdictions (England, Germany, France, Sweden, Spain), this book will be of interest both to academics and to litigation specialists in practice.
Автор: Barnett, Peter R. Название: Res judicata, estoppel and foreign judgments ISBN: 0199243395 ISBN-13(EAN): 9780199243396 Издательство: Oxford Academ Рейтинг: Цена: 30492.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book re-examines the doctrines of res judicata and abuse of process when applied to foreign judgments, and analyses how they are relied upon in English proceedings. The book explains the four main pleas to which a foreign res judicata might give rise in subsequent proceedings in England.
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