Full Description
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.
Contents
1. Introduction: Towards a System for the Recognition and Enforcement of Judgments
Anselmo Reyes
2. China
Weixia Gu
3. Hong Kong
James Y P Wong
4. Taiwan
Fuldien Li and Yen-Te Wu
5. Japan
Kazuaki Nishioka
6. South Korea
Unho Lee
7. Singapore
Kenny Chng
8. Malaysia
Sitpah Selvaratnam
9. Vietnam
Nguyen Ngoc Minh, Tran Ha Han and Nguyen Thi Thu Trang
10. Cambodia
Alex Larkin and Potim Yun
11. Myanmar
Zaw Thura
12. The Philippines
Arvin A Jo and Jocelyn P Cruz
13. Indonesia
Afifah Kusumadara
14. Thailand
Akawat Laowonsiri
15. Sri Lanka
Kankani Tantri Chitrasiri, Sajini Fernando and Aslesha Weerasekara
16. India
Sai Ramani Garimella
17. Conclusion: Towards an Asia of Judgments without Borders
Anselmo Reyes
