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Recognition and Enforcement of Judgments in Civil and Commercial Matters: Studies in Private International Law - Asia

Editat de Anselmo Reyes
en Limba Engleză Hardback – 18 sep 2019
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.
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Specificații

ISBN-13: 9781509924257
ISBN-10: 1509924256
Pagini: 416
Dimensiuni: 169 x 244 x 27 mm
Greutate: 0.89 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in Private International Law - Asia

Locul publicării:London, United Kingdom

Caracteristici

Jurisdictions included: Mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India

Notă biografică

Anselmo Reyes is Guest Professor at the Law Faculty of Doshisha University in Kyoto and an International Judge of the Singapore International Commercial Court.


Cuprins

1. Introduction: Towards a System for the Recognition and Enforcement of Judgments Anselmo Reyes2. China Weixia Gu3. Hong Kong James Y P Wong4. Taiwan Fuldien Li and Yen-Te Wu5. Japan Kazuaki Nishioka6. South Korea Unho Lee7. Singapore Kenny Chng8. Malaysia Sitpah Selvaratnam9. Vietnam Nguyen Ngoc Minh, Tran Ha Han and Nguyen Thi Thu Trang10. Cambodia Alex Larkin and Potim Yun11. Myanmar Zaw Thura12. The Philippines Arvin A Jo and Jocelyn P Cruz13. Indonesia Afifah Kusumadara14. Thailand Akawat Laowonsiri15. Sri Lanka Kankani Tantri Chitrasiri, Sajini Fernando and Aslesha Weerasekara16. India Sai Ramani Garimella17. Conclusion: Towards an Asia of Judgments without Borders Anselmo Reyes

Descriere

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.