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Out now: Recognition and Enforcement of Foreign Judgments in Asia
A compendium of country reports on the law on the recognition and enforcement of foreign judgments in ASEAN, Australia, China, India, Japan and South Korea has been published by the Asian Business Law Institute, a research institute based in Singapore. The list of contributors reads as follows:
- Professor Elizabeth Aguiling-Pangalangan of the University of the Philippines;
- Dr Andrew Bell, SC of Eleven Wentworth Chambers, Australia;
- Dr Bich Du Ngoc of Ho Chi Minh City Open University;
- Mr Youdy Bun of Bun & Associates, Cambodia;
- Xaynari Chanthala and Mr. Kongphanh Santivong of LS Horizon (Lao) Limited;
- Associate Professor Adeline Chong of Singapore Management University;
- Professor Choong Yeow Choy of the University of Malaya;
- Professor Guo Yujun of Wuhan University, China;
- Professor Toshiyuki Kono of Kyushu University;
- Mr Minn Naing Oo of Allen & Gledhill (Myanmar) Co Ltd;
- Dr Colin Ong, QC of Dr Colin Ong Legal Services, Brunei;
- Dr Yu Un Oppusunggu of the University of Indonesia;
- Mr Narinder Singh of the Indian Society of International Law;
- Dr Poomintr Sooksripaisarnkit of the University of Tasmania; and
- Professor Suk Kwang Hyun of Seoul National University.
You can download the compendium at: http://abli.asia/PROJECTS/Foreign-Judgments-Project.
Further information may be found in the publisher’s blurb:
Out Now: Recognition and Enforcement of Foreign Judgments in Asia
The Asian Business Law Institute’s (ABLI)* first publication in its ABLI Legal Convergence Series has been released, a compendium of country reports entitled “Recognition & Enforcement of Foreign Judgments in Asia”. This new publication has been edited by Associate Professor Adeline Chong of the School of Law, Singapore Management University, who is leading ABLI’s Foreign Judgments Project.
The compendium is the output of the first part of ABLI’s project to promote the convergence of the law on the recognition and enforcement of foreign judgments in Asia.
The compendium consists of 15 short and concise country reports which provide lawyers and businesses with an overview of how foreign judgments in civil and commercial matters are recognised in different jurisdictions in Asia and the requirements which would need to be fulfilled for a foreign judgment to be enforced in these jurisdictions.
This is the first time such a study is made covering the laws of the ten ASEAN countries and the major Asian economies of Australia, China, India, Japan and South Korea. The reports are written by legal academics and practitioners from the 15 countries covered by the project and the compendium is freely available on ABLI’s website at: http://abli.asia/PROJECTS/Foreign-Judgments-Project.
The compendium will also act as a springboard for the next phase of ABLI’s Foreign Judgments Project which will consider whether sufficient areas of commonality exist for convergence in this area of the law and how convergence may best be achieved. The convergence of the foreign judgment rules in Asia is essential as Asia moves rapidly towards a borderless trading environment, as the greater portability of judgments within Asia will facilitate cross-border transactions by lowering transaction costs and associated legal friction among jurisdictions.
* The Asian Business Law Institute was launched in January 2016. It is a permanent institute based in Singapore that initiates, conducts and facilitates research with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. Its mission is to remove unnecessary or undesirable differences between Asian legal systems that pose obstacles to free and seamless trade. ABLI’s long-term strategic direction in accordance with its aims is set by its Board of Governors chaired by The Honourable the Chief Justice Sundaresh Menon of the Supreme Court of Singapore. The Board comprises representatives from Australia, China, India and Singapore and other internationally renowned legal experts.
International and Comparative Law Quarterly 67 (2018), Issue 1
The most recent issue of the International and Comparative Law Quarterly (ICLQ) features two articles relating to private international law:
Louise Merrett, The Future Enforcement of Asymmetric Jurisdiction Agreements, ICLQ 67 (2018), pp. 37-71:
Asymmetric jurisdiction clauses are clauses which contain different provisions regarding jurisdiction for each party. They are widely used in international financial markets. However, the validity of this form of agreement has been called into doubt in several European jurisdictions. Furthermore, following Brexit, there may well be an increasing focus on alternative methods of enforcement under the Hague Convention and at common law, claims for damages and anti-suit injunctions. As well as considering recent developments in the case law and the implications of Brexit, this article will emphasize that all of these questions can only be answered after the individual promises contained in any particular agreement are properly identified and construed. Once that is done, there is no reason why the asymmetric nature of a clause should be a bar to its enforcement.
Giesela Rühl, Judicial Cooperation in Civil and Commercial Matters after Brexit: Which Way Forward? ICLQ 67 (2018), pp. 99-128:
Judicial cooperation in civil and commercial matters is generally perceived to be of a rather ‘specialist and technical nature’. However, for the many UK and EU citizens, families and businesses who work, live, travel and do business abroad, the current European framework for choice of law, jurisdiction and recognition and enforcement is of paramount importance. The article, therefore, explores how that framework might look like after Brexit and discusses the merits and demerits of the various ways forward.
Full texts are available via Cambridge Core.
Third IAPL-MPI Luxembourg Summer School – Reminder
A quick reminder regarding the third International Association of Procedural Law (IAPL) – Max Planck Institute Luxembourg Summer-School, which will take place in Luxembourg from the 1st to the 4th of July 2018, on the topic of “Privatizing Dispute Resolution and its Limits”.
The School is mainly addressed to post-doc students at the beginning of their academic career; however PhD candidates may be admitted in case their dissertation is already at an advanced stage, and provided the applicant shows a degree of academic maturity guaranteeing that his/her attendance to the school will be fruitful both for him/her and the School itself.
The selection process entails a two-stage process, based on the written materials submitted by the applicants. A pre-selection is made within the MPI among the applications correctly completed and received in due time on the basis of the candidate’s CV, his/her topic of research and his/her explanation of it (interest, methodological approach, novelty). The final decision lies with the MPI and the IAPL Presidium.
Applicants are requested to apply via the website platform set up to this effect. The application form therein provided for must be filled in with the following information:
An application form therein provided for must be filled up and the following documents upload:
- A short curriculum vitae indicating the nationality of the candidate, age and home institution; PhD topic, date and place of submission, degree awarded, members of the jury/commission; recent publications; grants and awards; stays abroad; current position
- A short description of the project of research to be discussed at the School (no more than 1000 words)
- A letter of recommendation from a renowned Law Professor or Practitioner
Up to 20 places will be available for applicants having procedural law and/or dispute resolution mechanisms as their main field of academic interest. All nationalities are welcome to apply. A good level of English, both orally and in writing, is nevertheless of the essence.
Please follow this link for the online application. Deadline: January 29, 2018.