Download or read book On Jurisdiction and the Recognition and Enforcement of Foreign Money Judgments written by Christian Schulze and published by Unisa Press. This book was released on 2005 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcement of Foreign Judgments Worldwide written by Charles Platto and published by Springer. This book was released on 1993-10-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law Market written by Erin A. O'Hara and published by Oxford University Press. This book was released on 2009-02-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 416 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 A Lawyer s Handbook for Enforcing Foreign Judgments in the United States and Abroad written by Robert E. Lutz and published by Cambridge University Press. This book was released on 2007 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Foreign Court Judgments and the United States Legal System written by Paul B. Stephan and published by Martinus Nijhoff Publishers. This book was released on 2014-07-03 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Court Judgments and the United States Legal System, edited by Paul B. Stephan, gathers essays from leading thinkers, scholars and practitioners in international law to address the recognition and enforcement of foreign court judgments in the United States legal system. Divided into two Parts entitled Existing Doctrine and the Fourth Restatement, and Statutory Reform of the Law of Recognition and Enforcement, the volume collects a diverse range of topics, including a defense of territorial sovereignty, a consideration of its undergirding doctrine of refusal to recognize or enforce foreign penal and revenue judgments, and an examination of the role of the Supreme Court as the ultimate expositor and interpreter of a federal statute, among many others. Foreign Court Judgments and the United States Legal System offers a nuanced and thorough collection of analyses from experts in the field regarding a multifarious and often contentious aspect of international law.
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 Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments written by Ronald A. Brand and published by Pocket Books of the Hague Acad. This book was released on 2014 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available as an e-bookPrivate international law is normally discussed in terms of rules applied in litigation involving parties from more than one State. Those samerules are fundamentally important, however, to those who plan crossborder commercial transactions with a desire to avoid having a disputearise — or at least to place a party in the best position possible if a dispute does arise. This makes rules regarding jurisdiction, applicable law,and the recognition and enforcement of judgments vitally important to contract negotiations. It also makes the consideration of transactionalinterests important when developing new rules of private international law. These lectures examine rules of jurisdiction and rules of recognitionand enforcement of judgments in the United States and the European Union, considering their similarities, their differences, and how they affect the transaction planning process.
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 Jurisdiction and the Recognition and Enforcement of Foreign Judgments in the LAWASIA Region written by Bradford A. Caffrey and published by . This book was released on 1985 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recognition and Enforcement of Foreign Judgments in Various Foreign Countries written by George J. Roman and published by . This book was released on 1984 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enforcing Foreign Judgments in the United States and United States Judgments Abroad written by Ronald A. Brand and published by Section of International Law. This book was released on 1992 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains commentaries on the third restatement of the foreign relations law of the United States.
Download or read book The Continuing Evolution of U S Judgments Recognition Law written by Ronald A. Brand and published by . This book was released on 2017 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: The substantive law of judgments recognition in the United States has evolved from federal common law, found in a seminal Supreme Court opinion, to primary reliance on state law in both state and federal courts. While state law often is found in a local version of a uniform act, this has not brought about true uniformity, and significant discrepancies exist among the states. These discrepancies in judgments recognition law, combined with a common policy on the circulation of internal judgments under the United States Constitution's Full Faith and Credit Clause, have created opportunities for forum shopping and litigation strategies that result in both inequity of result and inefficiency of judicial process. These inefficiencies are fueled by differences regarding (1) substantive rules regarding the recognition of judgments, (2) requirements for personal and quasi in rem jurisdiction when a judgments recognition action is brought (recognition jurisdiction), and (3) the application of the doctrine of forum non conveniens in judgments (and arbitral award) recognition cases. Recent cases demonstrate the need for a return to a single, federal legal framework for the recognition and enforcement of foreign judgments. This article reviews the history of U.S. judgments recognition law, summarizes current substantive law on the recognition and enforcement of foreign judgments, reviews recent decisions that demonstrate the three specific problem areas, and proposes a coordinated approach using federal substantive law on judgments recognition and state law on related matters in order to eliminate the current problems of non-uniformity and inefficient use of the courts.
Download or read book Foreign Judgments and Jurisdiction written by Francis Taylor Piggott and published by . This book was released on 1908 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters written by Jannet A. Pontier and published by T.M.C. Asser Press. This book was released on 2004-08-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS
Download or read book Civil Judgment Recognition and the Integration of Multiple state Associations written by Robert C. Casad and published by University Press of Kansas. This book was released on 1981 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a prodigious study of judgment-recognition practices in the Central American states, and is for that reason alone an important and needed contribution to comparative law. Distinguished legal scholar Robert C. Casad details the history and present arrangements in Central America, compares the Central American system to interstate judgment-recognition arrangements in the U.S. and the European Economic Community, and considers important suggestions for reform in Central America. This book brings together for the first time in one source, translated into English, the texts of the relevant code provisions of each of the six Central American countries, as well as the text of the Bustamante Code (the multi-lateral treaty) and the European Economic Community judgment-recognition convention.
Download or read book Civil Jurisdiction and Judgments written by Adrian Briggs and published by CRC Press. This book was released on 2015-06-12 with total page 1275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in a fully updated sixth edition, this book is an established treatise in the field of civil jurisdiction and judgments. It states, analyses, illuminates and evaluates the law of civil jurisdiction and the enforcement of foreign judgments in English law, with this new edition taking into account the implications of the new Brussels I Regulation recast, Regulation (EU) 1215/2012, as well as the great number of developments in the case law which have taken place since 2009. This book looks in detail at the jurisdictional rules put in place by the (recast) Brussels I Regulation the common law rules of jurisdiction the principles according to which that jurisdiction will or will not be exercised the extent to which proceedings before a foreign court may be assisted or impeded obtaining interim and interlocutory relief recognition and enforcement of foreign judgments This text is an authoritative and comprehensive reference for all legal professionals working in commercial law across jurisdictions.
