EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters write by Jannet A. Pontier. This book was released on 2004-08-12. EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters available in PDF, EPUB and Kindle. The present book offers the reader insight into how the Court of Justice of the European Communities justifies its interpretations of the European legal rules on international jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Our examination of the more than one hundred decisions which the Court has delivered under the 1968 Brussels Convention shows that the Court uses the principles, which in its opinion underlie the explicit rules, as reasons to justify its decisions. These principles are described in the book and it is shown how they relate to each other. The system of principles that has been identified in this study forms an important part of the Brussels Convention’s legacy for the new Regulation No. 44/2001, which replaced the Convention on March 1, 2002. It constitutes a catalogue of arguments that will be employed by the Court to justify its interpretation of the provisions of the new regulation. As such, this book will be of great value to practitioners in international law as well as to academics and students alike. Jannet A. Pontier (Ph.D.) Edwige Burg (Ph.D.) Professor of Law Lecturer and researcher Department of Private International Law Department of Private International Law Senior Research Associate at the Research Associate at the Amsterdam Institute for Private Law Amsterdam Institute for Private Law University of Amsterdam University of Amsterdam Amsterdam, The Netherlands, January 2004 VII TABLE OF CONTENTS
EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters
EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters write by Jannet A. Pontier. This book was released on 2004. EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters available in PDF, EPUB and Kindle. For international lawyers, the European rules on jurisdiction and recognition and enforcement of judgments in civil and commercial matters are of great practical importance. Since March 2002, these rules have been laid down in an EU Regulation (44/2001) which essentially replaced the 1968 Brussels Convention. The preliminary considerations to the Regulation imply that the decisions in which the Court of Justice of the EC has interpreted the Brussels Convention remain relevant for the interpretation of the Regulation. Hence, in order to have a thorough understanding of the Regulation, an in-depth knowledge of the EC Court’s case law regarding the Brussels Convention is imperative. The present study is based on an analysis of more than one hundred decisions that the Court has delivered under the Brussels Convention. It appears that the significance of the Court’s case law lies not only in the final outcome of these decisions, but also in the principles that the Court consistently refers to in arriving at its decisions. The authors piece together the system of principles that has become apparent in the Court’s reasoning. An understanding of this system not only sheds light on how and why the Court has reached its past decisions, but it also enables lawyers to understand the confines within which the Court’s argumentation is likely to take place in future cases under the Regulation. A publication which focuses on the principles used by the Court to justify its decisions in this particular area of law, has been lacking. This book aims to fill that gap. Its value extends beyond the academic realm and into the field of legal practice.
Recognition and Enforcement of Judgments in Civil and Commercial Matters
Recognition and Enforcement of Judgments in Civil and Commercial Matters - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Recognition and Enforcement of Judgments in Civil and Commercial Matters write by Anselmo Reyes. This book was released on 2019-09-19. Recognition and Enforcement of Judgments in Civil and Commercial Matters available in PDF, EPUB and Kindle. 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.
Brussels 1 Regulation
Brussels 1 Regulation - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Brussels 1 Regulation write by Burkhard Hess. This book was released on 2008. Brussels 1 Regulation available in PDF, EPUB and Kindle. On March 1, 2003, the Brussels I-Council Regulation (EC) No 44/2001 of 22nd December 2001 on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters (Judgment Regulation) became the cornerstone of European civil procedural law. The Regulation is directly applicable in all Member States and forms the residual instrument in cross-border civil procedures in the European Union. This report provides a comprehensive analysis of the application of the Regulation in the Member States, based on interviews, statistics, and practical research in the files of the national courts. The report concludes that the Regulation does not require fundamental amendment, but that several improvements should be considered, especially with regard to the general function of the Regulation as the residual instrument of European procedural law.
Remedies Concerning Enforcement of Foreign Judgements
Remedies Concerning Enforcement of Foreign Judgements - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Remedies Concerning Enforcement of Foreign Judgements write by Vesna Rijavec. This book was released on 2018-09-14. Remedies Concerning Enforcement of Foreign Judgements available in PDF, EPUB and Kindle. 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.
