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Recognition and enforcement of judgments in civil and commercial matters / edited by Anselmo Reyes

Contributor(s): Material type: TextTextSeries: Studies in private international law - Asia ; volume 1Publication details: Oxford ; New York : Hart, 2019.Description: liii, 356 p. ; 26 cmISBN:
  • 9781509924257
Subject(s): Additional physical formats: Online version:: Recognition and enforcement of judgments in civil and commercial mattersLOC classification:
  • KNC474 .R43 2019
Contents:
Introduction : Towards a System for the Recognition and Enforcement of Judgments / Anselmo Reyes -- China / Weixia Gu -- Hong Kong / James Y P Wong -- Taiwan / Fuldien Li and Yen-Te Wu -- Japan / Kazuaki Nishioka -- South Korea / Unho Lee -- Singapore / Kenny Chng -- Malaysia / Sitpah Selvaratnam -- Vietnam / Nguyen Ngoc Minh, Tran Ha Han and Nguyen Th i Th u Trang -- Cambodia / Alex Larkin and Potim Yun -- Myanmar / Zaw Thura -- The Philippines / Arvin A Jo and Jocelyn P Cruz -- Indonesia / Afi fah Kusumadara -- Thailand / Akawat Laowonsiri -- Sri Lanka / Kankani Tantri Chitrasiri, Sajini Fernando and Aslesha Weerasekara -- India / Sai Ramani Garimella -- Conclusion : Towards an Asia of Judgments without Borders / Anselmo Reyes.
Summary: "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"-- Provided by publisher.
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Holdings
Item type Current library Call number Copy number Status Barcode
Books Library First Floor KNC474 .R43 2019 (Browse shelf(Opens below)) 1 Available 38380
Books Library First Floor KNC474 .R43 2019 (Browse shelf(Opens below)) 2 Available 38381

Includes bibliographical references (pages 327-337) and index.

Introduction : Towards a System for the Recognition and Enforcement of Judgments / Anselmo Reyes -- China / Weixia Gu -- Hong Kong / James Y P Wong -- Taiwan / Fuldien Li and Yen-Te Wu -- Japan / Kazuaki Nishioka -- South Korea / Unho Lee -- Singapore / Kenny Chng -- Malaysia / Sitpah Selvaratnam -- Vietnam / Nguyen Ngoc Minh, Tran Ha Han and Nguyen Th i Th u Trang -- Cambodia / Alex Larkin and Potim Yun -- Myanmar / Zaw Thura -- The Philippines / Arvin A Jo and Jocelyn P Cruz -- Indonesia / Afi fah Kusumadara -- Thailand / Akawat Laowonsiri -- Sri Lanka / Kankani Tantri Chitrasiri, Sajini Fernando and Aslesha Weerasekara -- India / Sai Ramani Garimella -- Conclusion : Towards an Asia of Judgments without Borders / Anselmo Reyes.

"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"-- Provided by publisher.

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