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Ristau S International Judicial Assistance

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Ristau S International Judicial Assistance

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Author : David W. Bowker
language : en
Publisher: Oxford University Press
Release Date : 2021

Ristau S International Judicial Assistance written by David W. Bowker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.

With increased cross-border disputes in civil and commercial matters across the globe, this edition gives practicing litigators an overview of the provision of mechanisms for international judicial assistance across different legal systems. Building on Ristau's classic multi-volume work, this book brings up-to-date background and practical guidance that today's practitioners need.

Ristau S International Judicial Assistance

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Author : David P. Stewart
language : en
Publisher:
Release Date : 2021

Ristau S International Judicial Assistance written by David P. Stewart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Judicial assistance categories.

"A critical consideration in transnational civil and commercial litigation is whether a judgment ultimately rendered by a court in favor of the successful party will be respected and enforced outside the jurisdiction where it was rendered-especially in foreign jurisdictions where the judgment debtor might have assets. It is an issue for practitioners to consider carefully, not only after such a dispute has arisen but equally in the context of negotiating (or deciding to forego) a contractual choice of forum clause. In this area, domestic law continues to predominate. No general principle of law or broad rule of customary international law compels domestic courts to enforce foreign judgments in civil or commercial matters. Accordingly, in the absence of a comprehensive international arrangement or broadly-applicable set of "judicial assistance" rules and procedures, domestic judicial systems have not traditionally embraced an obligation to recognize or enforce judgments rendered in other states. Where they have done so, it has traditionally been as an exercise of "international comity" rather than an obligation. That said, many states have entered into bilateral arrangements with their neighbors (sometimes called "judicial assistance treaties") providing inter alia for mutual recognition and enforcement of civil and commercial judgments on the basis of reciprocity. In addition, some regional "harmonization" arrangements exist, for example within the European Union and the Organization of American States ("OAS"). More consequentially, in 2019, the Hague Conference on Private International Law concluded a multilateral "judgments" convention, now in force for a small number of states but with the potential to transform this area of international civil and commercial practice. These diverse aspects are discussed in some detail below. By way of background, we begin with an overview of the relevant law in the United States, followed by a more detailed examination of the issues related to the enforcement of foreign judgments in U.S. courts, including several notable developments. We also discuss the related topics of enforcement of arbitral awards and choice of court agreements. The chapter then turns to an overview of the law governing recognition and enforcement of judgments in countries other than the United States. It concludes with an overview of the recently-adopted 2019 Hague Judgments Convention, which holds the promise of a new widely-accepted regime on the enforcement of judgments in civil and commercial matters"--

International Judicial Assistance

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Author : Bruno A. Ristau
language : en
Publisher:
Release Date : 2000

International Judicial Assistance written by Bruno A. Ristau and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.

International Judicial Assistance

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Author : Bruno A. Ristau
language : en
Publisher: Springer
Release Date : 1985-01-01

International Judicial Assistance written by Bruno A. Ristau and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985-01-01 with categories.

International Judicial Assistance is the authoritative practice guide & standard reference work for attorneys involved in transnational litigation. The work has been cited repeatedly by the U.S. Supreme Court & lower courts & in scholarly publications. The authors' extensive practical commentary is supplemented by numerous appendices, including all relevant international conventions, country-by-country indexes of pertinent bilateral treaties & blocking legislation, bilateral & multilateral treaties, & pertinent U.S. legislation. Volumes 1-2: Civil & Commercial In the first two volumes of International Judicial Assistance, on civil & commercial matters, Bruno Ristau presents a thorough treatment of discovery & service of documents abroad; discusses judicial assistance rendered to American courts or litigants by foreign courts as well as assistance by U.S. courts to foreign litigants; & provides convenient forms on all aspects of international judicial assistance. He also analyzes the major international conventions & the case law bearing upon those conventions in the United States & other signatory states. Volumes 3-6: Criminal These four volumes on criminal matters, by Michael Abbell with the collaboration of Bruno Ristau, surpass any other publication on the subject. They guide the attorney who must obtain evidence abroad or obtain evidence in the United States for foreign litigation, who needs to effect extradition to or from the United States, or who is involved in international transfer of prisoners.