Download or read book Enforcement of Judgments Awards Deeds in Commercial Matters written by Carel J. H. Lynden (baron van) and published by Sweet & Maxwell. This book was released on 2013 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One of the first things international practitioners must consider is where to conduct legal proceedings. But the second thought must be whether a judgment or award, or a deed for that matter, is enforceable in the debtor's jurisdiction or the jurisdiction where there are assets. This first edition of Enforcement of Judgments, Awards and Deeds, provides the answer to such questions for a variety of jurisdictions. The New York Convention of 1958 is widely implemented, and therewith provides the basis for recognition of arbitral awards in many countries; where court judgments are concerned, the position is different. This book assists practitioners to make the right choice." -- (Cover)
Download or read book International Enforcement of Foreign Judgments written by B International Business Law Consortium and published by Lulu.com. This book was released on 2006 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this directory is to briefly explain and summarise in an easy to follow question and answer format the law and procedures on enforcement of foreign civil and commercial judgments in key jurisdictions around the world. It is not intended to specifically cover family law or arbitration although in some instances references are made to relevant conventions and regulations in these areas. The jurisdictions and the corresponding questions and answers are set out alphabetically.
Download or read book Promoting Foreign Judgments written by Pontian N. Okoli and published by Kluwer Law International B.V.. This book was released on 2019-10-07 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.
Download or read book Finality in Litigation written by Jacob B. van de Velden and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It addresses the entire spectrum of preclusion issues arising in an English court: -the court functus officio – the finality of a judgment; -res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel; -abuse of process – relitigation, Henderson v. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
Download or read book The Guide to Challenging and Enforcing Arbitration Awards written by John William Rowley and published by . This book was released on 2021 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Procedures to Enforce Foreign Judgments written by Paul J. Omar and published by Routledge. This book was released on 2017-11-22 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Regulating Blockchain written by Ioannis Lianos and published by . This book was released on 2019-08 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges, providing an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system.
Download or read book Comparative Law Yearbook of International Business written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 1995-10-18 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook offers an important forum for legal practitioners to address and compare practical legal issues of direct interest to their areas of specialisation. Each volume features a comprehensive range of articles written for and by leading practitioners and advisers working within the international business sector. The topics covered in Volume 17, the new volume for 1995, range from the ethical issues for lawyers involved in cross-border transactions to insider trading. Several of the chapters make reference to the growing European Union (EU), with one chapter focusing particularly on the free movement of goods throughout the EU's Member States. Competition within the EU is also dealt with, the provisions of Articles 85 and 86 of the Treaty of Rome being of particular relevance due to the large amount of recent case law in this area. There is a large section dealing with company law matters, including the emergence and development of new types of corporation, privatization and the westernization of companies in countries such as China. The recovery of monies and the enforcement of judgments in this respect are always issues of high priority in business. The volume thus discusses these matters in a separate section on `Debt Recovery'. The remainder of the book is divided into parts dealing with finance and mergers and acquisitions, together with a general commercial law section. The Comparative Law Yearbook of International Business has been prepared by specialist practitioners from all corners of the world for the use of international business lawyers and their clients.
Download or read book Hague Zagreb Essays 4 written by Cornelis Carel Albert Voskuil and published by BRILL. This book was released on 1983-01-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present publication of re ports and discussions sterns from the fourth Session of the Hague-Zagreb Colloquium, held at Eernewoude, in the Netherlands. The preceding three Sessions were held at Stubice Toplice, in Yugoslavia (1974), Zeist, in the Netherlands (1976) and, again in Yugoslavia, at Opatija (1978). The fourth Session was originally planned for May 1980. On the eve of the meeting, the then President of the Socialist Federal Republic of Yugoslavia, the late Marshall J .B. Tito, passed away. On hearing the news of the Marshall's death, the Organizing Committee of the Hague-Zagreb Colloquium immediately decided that the Session should not then be held. The postponement lasted, in fact, a whole year: the fourth Session was convened at Eernewoude in May 1981. For the Eernewoude Session the formula that had produced such excellent results in the previous conferences was maintained. Four topics of international trade law were thoroughly discussed on the basis of reports submitted by scholars from the various legal systems represented at the conference. Apart from the Yugoslav and Dutch participants, scholars from the United Kingdom, the Federal Republic of Germany, Belgium and Norway took part in the discussions, be it in the capacity of reporter, of chairman or as expert in the field covered by the Colloquium: the law of international trade. A student competition had again been organised and the members of the win ning teams from Yugoslavia and from the Netherlands were among the participants.
Download or read book Journal written by International Chamber of Commerce and published by . This book was released on 1924 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Proceedings of the Stockholm Congress, June 27th-July 2nd, 1927" in no. 15.
Download or read book Online Dispute Resolution written by Gabrielle Kaufmann-Kohler and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.
Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
Download or read book The Recovery of Maintenance in the EU and Worldwide written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.
Download or read book Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Anselmo Reyes and published by Bloomsbury Publishing. This book was released on 2019-09-19 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Enforcement in Switzerland written by Christian Oetiker and published by Stämpfli Verlag. This book was released on 2019-12-18 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: - Enforcement of judgments and arbitral awards in Switzerland - Enforcement proceedings step by step - Full translation of the Swiss Debt Enforcement and Bankruptcy Act The enforcement of judgments and arbitral awards is an important part of the practice of many dispute resolution teams all around the world. It often involves cross-border issues, since enforcement can (also) take place in jurisdictions other than the jurisdiction where the judgment or award originated. This book is designed as a practical guide to enforcement issues in Switzerland for foreign practitioners. It explains the various enforcement proceedings on a step by step basis and contains a full translation of the Swiss Debt Enforcement and Bankruptcy Act. The book includes topics such as the enforcement of monetary judgments with and without attachment, the enforcement of non-monetary judgments, and the enforcement of interim measures. All authors belong to the VISCHER Dispute Resolution team whose core competences include the enforcement of foreign judgments and arbitral awards, including attachment proceedings.
Download or read book Maritime Law Handbook written by Hans-Christian Albrecht and published by . This book was released on 1987 with total page 1184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
