Promoting Foreign Judgments
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Promoting Foreign Judgments
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Author : Pontian N. Okoli
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-10-07
Promoting Foreign Judgments written by Pontian N. Okoli and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-07 with Law categories.
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.
Enforcement Of Foreign Judgments Worldwide
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Author :
language : en
Publisher:
Release Date : 1993
Enforcement Of Foreign Judgments Worldwide written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Judgments, Foreign categories.
Recognition And Enforcement Of Foreign Judgments
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Author : United States. Congress
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-12-09
Recognition And Enforcement Of Foreign Judgments written by United States. Congress and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-09 with categories.
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.
Enforcement Of Foreign Judgments
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Author : Dennis Campbell
language : en
Publisher:
Release Date : 2000
Enforcement Of Foreign Judgments written by Dennis Campbell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with categories.
Private International Law In Commonwealth Africa
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Author : Richard Frimpong Oppong
language : en
Publisher: Cambridge University Press
Release Date : 2013-09-12
Private International Law In Commonwealth Africa written by Richard Frimpong Oppong and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-12 with Law categories.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Recognition And Enforcement Of Judgments In Civil And Commercial Matters
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Author : Anselmo Reyes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-19
Recognition And Enforcement Of Judgments In Civil And Commercial Matters written by Anselmo Reyes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-19 with Law categories.
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.
Foreign Judgments Part
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Author : Francis Taylor Piggott
language : en
Publisher:
Release Date : 2008-06-01
Foreign Judgments Part written by Francis Taylor Piggott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-01 with categories.
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Recognition And Enforcement Of Foreign Judgments
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Author : Franco Ferrari
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-11-24
Recognition And Enforcement Of Foreign Judgments written by Franco Ferrari and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-24 with categories.
This Research Collection offers a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Edited by two leading experts in the field, the collection explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The collection also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. Prefaced by an original and informative introduction by the editors, this collection is an essential resource for those studying, researching or practicing in this area.
Essays On Private Law
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Author : Ian F. G. Baxter
language : en
Publisher:
Release Date : 1966
Essays On Private Law written by Ian F. G. Baxter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1966 with Conflict of laws categories.
Research Handbook On Cross Border Enforcement Of Intellectual Property
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Author : Paul Torremans
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-12-31
Research Handbook On Cross Border Enforcement Of Intellectual Property written by Paul Torremans and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-31 with Law categories.
The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf