Full Description
The second thematic volume in the series Studies in Private International Law - Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes).
The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
Contents
1. Introduction
Wilson Lui, independent researcher in law and Anselmo Reyes, Doshisha University, Japan
2. China
Zhengyi Zhang, Shanghai University of Political Science and Law, China and Jianping Shi, Shanghai University of Political Science and Law, China
3. Hong Kong
James Y P Wong, Dentons Hong Kong LLP
4. Taiwan
Fuldien Li, Chinese Culture University, Taiwan and Rong-Chwan Chen, National Taipei University, Taiwan
5. Japan
Kazuaki Nishioka, University of Zurich, Switzerland
6. South Korea
Sungjae Chun, Jipyong LLC, Korea
7. Singapore
Wilson Lui, independent researcher in law
8. Malaysia
Nitin V Nadkarni, arbitrator and counsel, Malaysia and Wai Fung Teh, lawyer, Malaysia
9. Vietnam
Nguyen Thi Hong Trinh, Hue University, Vietnam, Ho Minh Thanh, Hue University, Vietnam and Hoang Thao Anh, Hue University, Vietnam
10. Cambodia
Nobumichi Teramura, University of Brunei Darussalam, Brunei
11. Myanmar
Zaw Thura, District Judge at the Western Yangon District Court, Myanmar
12. Philippines
Arvin Kristopher A Razon, De La Salle University, Philippines, Jocelyn P Cruz, De La Salle University, Philippines and Justin DJ Sucgang, De La Salle University, Philippines
13. Indonesia
Afifah Kusumadara, Brawijaya University, Indonesia
14. Thailand
Akawat Laowonsiri, Thammasat University, Thailand
15. Sri Lanka
Ramesh Fernando, Junior Counsel, Chambers of Geoffrey Alagaratnam, PC, Sri Lanka
16. India
Sai Ramani Garimella, South Asian University, India
17. Conclusion
Anselmo Reyes, Doshisha University, Japan and Wilson Lui, independent researcher in law
