The Hague Preliminary Draft Convention On Jurisdiction And Judgments
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The Hague Preliminary Draft Convention On Jurisdiction And Judgments
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Author : Fausto Pocar
language : en
Publisher: Wolters Kluwer Italia
Release Date : 2005
The Hague Preliminary Draft Convention On Jurisdiction And Judgments written by Fausto Pocar and has been published by Wolters Kluwer Italia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Proceedings consider the disagreements between the United States and Europe over recommendations made in the 1999 preliminary draft of the Hague Conference on Private International Law.
Forum Non Conveniens
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Author : Ronald A. Brand
language : en
Publisher: Oxford University Press
Release Date : 2007-07-27
Forum Non Conveniens written by Ronald A. Brand 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 2007-07-27 with Law categories.
With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.
The 2005 Hague Convention On Choice Of Court Agreements
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Author : Ronald A. Brand
language : en
Publisher: Cambridge University Press
Release Date : 2008-04-07
The 2005 Hague Convention On Choice Of Court Agreements written by Ronald A. Brand 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 2008-04-07 with Law categories.
The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The Convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.
A Global Law Of Jurisdiction And Judgments Lessons From The Hague
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Author : John Barcelo
language : en
Publisher: Springer
Release Date : 2002-11-07
A Global Law Of Jurisdiction And Judgments Lessons From The Hague written by John Barcelo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-11-07 with Law categories.
The papers in this volume address the provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and the state of the negotiations as of the summer of 2000. They were presented at the symposium 'A Global Law of Jurisdiction and Judgments: Lessons from The Hague,' held in July 2000 at the Centre Panthéon (University of Paris I Law Faculty) as a part of the Cornell-Paris I Summer Institute of International and Comparative Law. Part I focuses on the jurisdiction provisions of the 1999 Draft Convention. For the most part, the papers in Part II look to the future, though they also deal briefly with the judgments provisions of the 1999 Draft. One paper takes up changes in European Union law that will significantly affect future negotiations concerning the Draft Convention. The other two offer analyses of the major hurdles blocking the way to a successful convention and proposals for vaulting those hurdles. The papers analyze the jurisdiction provisions of the 1999 Hague Jurisdiction and Judgments Draft Convention and shed light on many of the basic difficulties that must be resolved if a global law of jurisdiction is to be achieved. As work on The Hague Jurisdiction and Judgments Convention continues, these papers will serve as a major reference point forming a part of the historical background and commentary on what may become before long a global law of jurisdiction and judgments.
Hague Conference On Private International Law Protection Of Adults Preliminary Draft Convention On Jurisdiction Applicable Law Recognition Enforcement And Co Operation In Respect Of The Protection Of Adults A Consultation Paper
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Author :
language : en
Publisher:
Release Date : 1999
Hague Conference On Private International Law Protection Of Adults Preliminary Draft Convention On Jurisdiction Applicable Law Recognition Enforcement And Co Operation In Respect Of The Protection Of Adults A Consultation Paper written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.
International Jurisdiction And Judgments Project
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Author :
language : en
Publisher:
Release Date : 2001
International Jurisdiction And Judgments Project written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Judgments, Foreign categories.
A Hague Convention On Jurisdiction And Judgments
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Author : Eva Jueptner, PhD
language : en
Publisher:
Release Date : 2024-05-13
A Hague Convention On Jurisdiction And Judgments written by Eva Jueptner, PhD and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-13 with categories.
A Hague Convention on Jurisdiction and Judgments (1992- 2001): Why did the Judgments Project Fail? provides the first comprehensive analysis of the question of why the original Judgments Project of the Hague Conference on Private International Law failed in 2001. The ' Judgments Project', sometimes referred to as the holy grail of private international law, was a remarkable and important undertaking. Its purpose was to create a global regime to secure the recognition and enforcement of foreign judgments in civil and commercial matters, as well as globally applicable rules on international direct jurisdiction, determining which national courts can hear international civil and commercial proceedings. Key players in the project included the member states of the European Community and the United States of America. By applying an interdisciplinary approach of legal analysis and project management, the book demonstrates that the preparation and management of the pre-negotiation phase of the project were not commensurate to the complexity of the endeavour, which is likely to have contributed substantially to the discontinuation of the project. The patterns of previous successful Hague Conference project management, as demonstrated by the work on the 1980 Hague Child Abduction Convention and the 1993 Intercountry Adoption Convention, are also analysed, with the perspective that these patterns, which comprised an assessment of the need for and the desirability of new convention projects, as well as their technical and political feasibility, were largely absent from the Hague Judgments Project. Determining why the Hague Judgments Project failed is important not only from the perspective of legal history, but also for future efforts to unify grounds of jurisdiction on a global level. As this book shows, unifying grounds of jurisdiction on a global level is not an impossible undertaking. Rather, in order to create a successful instrument on jurisdiction, it is vital that the right lessons are drawn from the failed Judgments Project. This book will therefore be of interest for policymakers and legal scholars working on the unification of rules of international direct jurisdiction and rules concerning the recognition and enforcement of foreign judgments in civil and commercial matters. By illustrating that the failure to adopt an approach guided by sound project management principles is likely to have contributed to the failure of the negotiations, this book also contributes to the literature on international relations and successful treaty-making at international conferences and in international organisations. DR EVA JUEPTNER is a Lecturer in Law and Baxter Fellow at the University of Dundee (Scotland, United Kingdom). Prior to joining the University, Eva worked at the Institute for Private International Law and Civil Procedure at the University of Bern (Switzerland). Eva's research focuses on private international law in general, and on issues of international jurisdiction and the recognition and enforcement of foreign judgments in civil and commercial matters in particular.
The Civil Jurisdiction And Judgments 2005 Hague Convention And 2007 Hague Convention Amendment Regulations 2022
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Author : Great Britain
language : en
Publisher:
Release Date : 2022-01-27
The Civil Jurisdiction And Judgments 2005 Hague Convention And 2007 Hague Convention Amendment Regulations 2022 written by Great Britain and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with categories.
Enabling power: Private International Law (Implementation of Agreements) Act 2020, s. 2 (1) (9) (12). Issued: 27.01.2022. Sifted: -. Made: 25.01.2022. Laid: -. Coming into force: 26.01.2022. Effect: 1982 c. 27 amended. Territorial extent & classification: E/W/S/NI. General. Supersedes draft S.I. (ISBN 9780348229141) published 16.01.2022
Universal Civil Jurisdiction
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Author : Serena Forlati
language : en
Publisher: BRILL
Release Date : 2020-10-12
Universal Civil Jurisdiction written by Serena Forlati and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-12 with Law categories.
In Universal Civil Jurisdiction ¬– Which Way Forward? leading experts of public and private international law discuss the challenges that victims of international crimes face when they seek reparation in countries other than the country where the crime was committed.
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.