On the Common Courts Provision Under the Draft Hague Convention on the Recognition and Enforcement of Foreign Judgments PDF Download
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Author: Zhenqiu QIAN
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The common courts provision is a key clause with a debate among different countries in the negotiation of the Draft Hague Judgment Convention. Traditionally, the courts are affiliated with the judicial system of a country, but the common courts in nature are the international courts that deal with international civil and commercial disputes. Therefore, the Draft Hague Convention is required to redefine the “judgment of the court” and“court of origin”. In order to guarantee the effective implementation of the provision, the recognition and enforcement of the judgments rendered by the common courts still have to satisfy the requirements of the declaration required by the Convention, in addition to the conditions declaration of the Convention. Meanwhile, the common courts provision can also promote China' s international civil litigation system, facilitate the participation in the global judicial competition, and create judicial cooperation with other countries through the establishment or joint establishment of the common courts.
Author: Zhenqiu QIAN
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The common courts provision is a key clause with a debate among different countries in the negotiation of the Draft Hague Judgment Convention. Traditionally, the courts are affiliated with the judicial system of a country, but the common courts in nature are the international courts that deal with international civil and commercial disputes. Therefore, the Draft Hague Convention is required to redefine the “judgment of the court” and“court of origin”. In order to guarantee the effective implementation of the provision, the recognition and enforcement of the judgments rendered by the common courts still have to satisfy the requirements of the declaration required by the Convention, in addition to the conditions declaration of the Convention. Meanwhile, the common courts provision can also promote China' s international civil litigation system, facilitate the participation in the global judicial competition, and create judicial cooperation with other countries through the establishment or joint establishment of the common courts.
Author: Abubakri Yekini
Publisher: Bloomsbury Publishing
ISBN: 1509947086
Category : Law
Languages : en
Pages : 291
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Book Description
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.
Author: Fausto Pocar
Publisher: Wolters Kluwer Italia
ISBN: 9788813260330
Category : Law
Languages : en
Pages : 388
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Book Description
Proceedings consider the disagreements between the United States and Europe over recommendations made in the 1999 preliminary draft of the Hague Conference on Private International Law.
Author: Ronald A. Brand
Publisher: Oxford University Press
ISBN: 0195329279
Category : Law
Languages : en
Pages : 359
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Book Description
With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements.Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.
Author: Erin A. O'Hara
Publisher: Oxford University Press
ISBN: 0199718482
Category : Law
Languages : en
Pages : 289
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Book Description
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.
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: Australia. Attorney-General's Department
Publisher:
ISBN:
Category :
Languages : en
Pages : 48
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Book Description
Author: Asian-African Legal Consultative Committee
Publisher:
ISBN:
Category : Judgments, Foreign
Languages : en
Pages : 220
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Book Description
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: American Law Institute
Publisher:
ISBN:
Category : Conflict of laws
Languages : en
Pages : 184
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Book Description
