Recognition and Enforcement of Judgments in Civil and Commercial Matters PDF Download

Author: Anselmo Reyes
Publisher: Bloomsbury Publishing
ISBN: 1509924272
Category : Law
Languages : en
Pages : 411

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Book Description
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: Ko Swan Sik
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041115331
Category : Law
Languages : en
Pages : 574

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Book Description
The "Asian Yearbook of International Law" is the first publication dedicated primarily to international law as seen from an Asian perspective. It provides international law articles written by experts from the region and other articles relating to Asian topics. The editorial board, national correspondents, advisory council, and governing board comprise a diverse group of academics and government officials from a wide range of countries and positions. The "Asian Yearbook of International Law" offers a number of useful features: - articles;- notes; - legal materials (such as the state practice in a number of Asian countries and participation in multilateral treaties); - Asia and international organizations; - chronicle of events for the covered year; - literature (including book reviews and a bibliography); - selected documents (treaties, agreements, and other relevant primary documents); and - an index. Its range of features assures that the "Yearbook" comprehensively covers the critical events, legislation, and issues of the past year and that users can easily access all of this information. Academics and practitioners who deal with international public law in Asia will appreciate this unique, complete resource. The "Asian Yearbook of International Law" provides insight into Asian views and practices, especially for non-Asian readers, and also promotes the dissemination of knowledge of international law in Asia. Some of the topics covered in this volume: the secession of Bangladesh in international law; the Asian Development Bank Administrative Tribunal; port state control: a comment on the Tokyo MOU; maritime jurisdiction over vessel-source pollution in the EEZ: the Chinese experience.

Author: Zheng Sophia Tang
Publisher: Edward Elgar Publishing
ISBN: 1849808597
Category : Law
Languages : en
Pages : 507

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Book Description
The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of a modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters, covering jurisdiction, choice of law, procedure, judgment and awards recognition and enforcement, and interregional conflicts in China.

Author:
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages :

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Book Description
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.

Author: Stavros Brekoulakis
Publisher: Cambridge University Press
ISBN: 1316519252
Category : Law
Languages : en
Pages : 591

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Book Description
The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

Author: Larry Diamond
Publisher: Hoover Press
ISBN: 0817922865
Category : Political Science
Languages : en
Pages : 223

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Book Description
While Americans are generally aware of China's ambitions as a global economic and military superpower, few understand just how deeply and assertively that country has already sought to influence American society. As the authors of this volume write, it is time for a wake-up call. In documenting the extent of Beijing's expanding influence operations inside the United States, they aim to raise awareness of China's efforts to penetrate and sway a range of American institutions: state and local governments, academic institutions, think tanks, media, and businesses. And they highlight other aspects of the propagandistic “discourse war” waged by the Chinese government and Communist Party leaders that are less expected and more alarming, such as their view of Chinese Americans as members of a worldwide Chinese diaspora that owes undefined allegiance to the so-called Motherland.Featuring ideas and policy proposals from leading China specialists, China's Influence and American Interests argues that a successful future relationship requires a rebalancing toward greater transparency, reciprocity, and fairness. Throughout, the authors also strongly state the importance of avoiding casting aspersions on Chinese and on Chinese Americans, who constitute a vital portion of American society. But if the United States is to fare well in this increasingly adversarial relationship with China, Americans must have a far better sense of that country's ambitions and methods than they do now.

Author: Liang Zhao
Publisher: Taylor & Francis
ISBN: 1317266455
Category : Law
Languages : en
Pages : 670

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Book Description
A comprehensive treatment of Chinese maritime law and judicial practice, this book covers both substantive law and procedure law of maritime law in mainland China. This is a professional book for both academics and practitioners in the field of maritime law. Including analysis of and comment on judicial practice from the Supreme People’s Court, Higher People’s Courts and ten maritime courts, as well as a whitepaper of Chinese maritime adjudication for 30 years (1984-2014), this brings to an English-speaking audience for the first time some of the most technical aspects of maritime law. It is therefore an invaluable resource for all those interested in maritime law in China.

Author: Wenliang Zhang
Publisher:
ISBN: 9789041152275
Category : Conflict of laws
Languages : en
Pages : 0

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Book Description
As civil and commercial contacts between China and other countries increase exponentially, so do the disputes that result from these interactions. Efficient resolution of these ensuing disputes demands cross-border movement of judgments. However, beyond some divorce and bankruptcy matters, to date hardly any foreign judgments have been recognized in China. This harsh reality calls for a full investigation of the relevant Chinese legal environment è^' an investigation which will enhance availability of legal remedies in China and uncover effective strategies of dispute resolution containing Chinese elements.

Author: Guangjian Tu
Publisher: Springer
ISBN: 9812879935
Category : Law
Languages : en
Pages : 193

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Book Description
This book provides a systematic elaboration of Chinese Private International Law, reveals the general techniques concerning conflict of laws in China, explains the detailed Chinese conflict rules for different areas of law, and demonstrates how international civil litigation is pursued in China. Clearly structured and written by a native Chinese scholar specializing in the field, the book’s easy-to-read style makes it accessible to a broad readership, while its content makes it a useful reference guide, especially for jurists and researchers.

Author: Michael Pryles
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 448

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Book Description
Dispute Resolution in Asia was first published in 1998 and was one of the few titles to deal exclusively with the Asian region. This second edition is not only an updated version of the first edition but is also an expanded work. Chapters on India and Indonesia have been added. The first chapter presents an overview of dispute resolution in Asia and examines the question whether there is an Asian style of dispute resolution. The remaining chapters focus on twelve particular countries. They are important trading countries or countries which are the recipients of substantial foreign investments. This second edition fills the need for increased information on dispute resolution in a region whose economic importance is still growing. Features: The examination of dispute resolution in 12 countries provides a much wider spectrum of Asian laws and approaches than is traditional in comparative studies; The work provides a broad coverage in terms of its subject matter: The book is not confined to arbitration or litigation but examines arbitration, litigation and mediation; Contributions vary in style and contents and thus reflect the diversity of legal systems and cultures in Asia; Specialists focus on countries with which contributors have particular expertise or experience; Statistics provided on arbitration centres in Asia. Benefits: updated and expanded version of the first edition; a substantial coverage of twelve countries; in addition to chapters on Australia, People's Republic of China, Hong Kong, Japan, Malaysia, The Philippines, Singapore, Taiwan, Thailand, and Vietnam, chapters on India and Indonesia have been added; all the contributors are senior lawyers with vast knowledge and experience of dispute resolution in Asia and are experts in their field; country studies are not limited to arbitration or litigation but examines arbitration, litigation and mediation