Download or read book Remedies Concerning Enforcement of Foreign Judgements written by Vesna Rijavec and published by Kluwer Law International. This book was released on 2018 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: About this book: Remedies Concerning Enforcement of Foreign Judgements According to Brussels I Recast addresses the most urgent questions related to the remedies against foreign judgments in cross-border enforcement under Brussels I Recast. (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters.) Brussels I Recast is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identified since the Regulation entered into force in 2015. This collection of expert essays, the first book to focus systematically and comprehensively on remedies in the light of Brussels I Recast, examines inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The in-depth analyses conducted by the contributors clearly define serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonization in this field of civil justice. What's in this book: The aspects covered by the contributors - all well-known academics, lawyers, and judges from different EU Member States - include the following: grounds for refusal of recognition and enforcement; certification of enforceability and timely service of the certificate; adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; effect of requesting a translation of the judgment; financial implications of remedies; and provisional measures and their role in a timely protection of rights. Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and efficient judicial protection is thoroughly analysed. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. How this will help you: As a discussion on the implementation of recently adopted Brussels I Recast, its implications, obstacles to successful use, and possible measures, this book helps the readers deal with conflicting or unknown foreign provisions confidently. Thus this book serves as a guide to multinational enterprises, EU and Member State legislators, enforcement agencies, and academics to help them gain information on good practices that could be universally implemented to facilitate better and more efficient judicial cooperation in civil matters in the EU.
Download or read book Remedies Concerning Enforcement of Foreign Judgements written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2018-09-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following: – grounds for refusal of recognition and enforcement; – certi?cation of enforceability and timely service of the certi?cate; – adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; – effect of requesting a translation of the judgment; – ?nancial implications of remedies; and – provisional measures and their role in a timely protection of rights. Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.
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 Enforcement of Foreign Judgments written by Dennis Campbell and published by L L P. This book was released on 1997-01-01 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the position of the foreign creditor in 29 major common and civil law jurisdictions. The book explains the strategies and remedies available in each including: the recognition and enforcement of foreign judgements, including the effect of bilateral or multilateral treaties and international conventions on the creditor and the debtor; the availability of interim measures, such as attachment, seizure or injunction; and the legal effect of the bankruptcy of the opponent.
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 Recognition and Enforcement of Foreign Judgments written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-12-09 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognition and enforcement of foreign judgments : hearing before the Subcommittee on Courts, Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, November 15, 2011.
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
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 The Brussels I bis Regulation written by Vesna Lazic Lazić and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
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 Diversity of Enforcement Titles in the EU written by Vesna Rijavec and published by Springer Nature. This book was released on 2023-12-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.
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.
Download or read book Brussels I Bis written by Requejo Isidro, Marta and published by Edward Elgar Publishing. This book was released on 2022-03-08 with total page 1011 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.
Download or read book Enforcement of Maritime Claims written by David Jackson and published by CRC Press. This book was released on 2013-08-22 with total page 1669 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.
Download or read book Foreign Judgments in Israel written by Haggai Carmon and published by Springer Science & Business Media. This book was released on 2012-12-11 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. -Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court
Download or read book Orders Without Borders written by Stefano Betti and published by World Bank Publications. This book was released on 2022-06-15 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the concept of the direct enforcement of foreign restraint and confiscation orders, a crucial step in the process of asset recovery, including existing legal approaches and related challenges. In order to provide a balanced and informed overview, 31 jurisdictions, representing different United Nations regional groups and legal systems (civil law / common law / mixed systems), were selected as the focus of the analysis. This approach provides a meaningful picture of the situation worldwide from which generally applicable guidance could be drawn. The study suggests a series of practical steps and good practices for consideration by (1) countries exploring the possibility of introducing a direct enforcement mechanism into their domestic legal frameworks and (2) countries that are already in a position to directly enforce foreign confi scation orders but that are considering options to streamline processes and maximize results obtainable via direct enforcement approaches. This new StAR Initiative knowledge product is addressed to a broad range of law enforcement, justice, and asset recovery practitioners, as well as bodies involved in legislative and regulatory processes. It will be a useful tool in their work.
Download or read book Enforcement of a Judgment written by Claire Sandbrook and published by . This book was released on 2015-12-31 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt:
