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Out now: Asian Principles for the Recognition and Enforcement of Foreign Judgments
Readers previously obtained a preview of the 13 principles which make up the Asian Principles for the Recognition and Enforcement of Foreign Judgments, a publication by the Asian Business Law Institute (ABLI). I am delighted to be informed by ABLI that the Asian Principles has been formally released today.
The blurb is below:
“Authored by leading academics and practitioners with extensive regional exposure, the Asian Principles is a set of 13 overarching principles that underpin the recognition and enforcement of foreign judgments in the Asia Pacific. Each principle comes with a detailed commentary fully supported by citations, distills the commonalities and differences of the law on foreign judgments recognition and enforcement in 15 countries (all ten ASEAN member states, plus Australia, China India, Japan and South Korea) for its readers, and where appropriate, suggests ways forward for the development of the law in this area.
The first of any such publication in the world, the Asian Principles is available here where you can download the first chapter free of charge. The table of contents and a detailed FAQ list are also available at the link. It is hoped that the release of the Asian Principles can serve to promote convergence in this area of the law by facilitating greater portability of judgments within ASEAN and its major trading partners, which can in turn facilitate cross-border transactions by reducing legal uncertainties, lowering transaction costs and minimizing associated legal frictions.”
The contributors to the Asian Principles are:
- Dr Adeline CHONG (Project Lead and editor, Singapore Management University)
- Dr Bích Ngoc DU (Dean of Faculty of Law, Ho Chi Minh City Open University)
- Dr Yujun GUO (Professor, China Wuhan University Institute of International Law)
- Dr Colin ONG QC (Eldan Law LLP, Singapore)
- Dr Yu Un OPPUSUNGGU (Lecturer, Faculty of Law Universitas Indonesia)
- Professor Narinder SINGH (Former Chairman, International Law Commission (UN); Maharishi Law School)
- Dr Poomintr SOOKSRIPAISARNKIT (Lecturer in Maritime Law, Australian Maritime College, University of Tasmania)
ABLI has kindly offered readers of ConflictofLaws. net an exclusive discount of 10% off for the Asian Principles. Please write to catherine_shen@abli.asia to get your unique coupon code.
ELI-UNIDROIT Model European Rules of Civil Procedure Approved by ELI Bodies
The European Law Institute informs us that the ELI-UNIDROIT Model European Rules of Civil Procedure were approved by the ELI bodies on 15 July and 5 August 2020. The UNIDROIT Governing Council will vote upon the Model European Rules of Civil Procedure soon at its meeting on 23–25 September 2020.
If adopted as well there, the ELI/UNIDROIT Rules may contribute harmonising the national procedural rules of the EU Member States and as such broaden the basis for mutual trust in the Member States’ judicial cooperation in civil matters. The Rules may be taken as a kind of minimum standard or best practice, as the case may be in the respective issue in question, and the more a national rule of civil procedure deviates from these standards, the more justifications and explanations are invited, if not expected (see e.g. Matthias Weller, in Matthias Weller/Christoph Althammer, Mindeststandards im europäischen Zivilprozessrecht – Grundvoraussetzung für gegenseitiges Vertrauen, Mohr Siebeck, Tübingen 2015, Vorwort, p. VI, comparing this mechanism to some extent with the control of standard terms).
The full text of the ELI announcement and further information can be found here.
New Article on Choice of Law in Latin American Arbitration
Gilles Cuniberti (University of Luxembourg) and Manuel Segovia (European Law Institute, formerly University of Monterrey) will soon publish an empirical study of choice of law in Latin American arbitration in the THEMIS-Revista de Derecho (Choice of law in Latin American Arbitration: Some Empirical Evidence and Reflections on the Latin American Market for Contracts).
The abstract reads as follows:
The aim of this Article is to assess the preferences of parties to Latin American international business transactions when they choose the law governing their contracts. For that purpose, we have conducted an empirical analysis of data that we were able to gather from arbitral institutions active in Latin America, with a focus on years 2011 and 2012. We then offer some reflections on the results and assess whether they can be explained by the territorial approach of choice of law in Latin America, the importance of the United States as a trading partner for Latin American countries and the extent to which Anglo-American lawyers are present on Latin American markets.
The Article is a follow-up of similar studies conducted by G. Cuniberti, including one on Choice of Law in Asian Arbitration.