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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.
This title was first published in 2002: Within Europe and beyond, foreign judgement enforcement is now an essential component for the development of international commerce. This indispensable volume traces and analyzes steps and procedures for the enforcement of foreign judgements in national courts, including summarizing the principles which are the preconditions for that enforcement.
This work examines the position of the foreign creditor in 29 major common and civil law jurisdictions. The book explains the strategies and remedies available in each including: the recognition and enforcement of foreign judgements, including the effect of bilateral or multilateral treaties and international conventions on the creditor and the debtor; the availability of interim measures, such as attachment, seizure or injunction; and the legal effect of the bankruptcy of the opponent.
The purpose of this directory is to briefly explain and summarise in an easy to follow question and answer format the law and procedures on enforcement of foreign civil and commercial judgments in key jurisdictions around the world. It is not intended to specifically cover family law or arbitration although in some instances references are made to relevant conventions and regulations in these areas. The jurisdictions and the corresponding questions and answers are set out alphabetically.
Recognition and enforcement of foreign judgments : hearing before the Subcommittee on Courts, Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, November 15, 2011.
Also available online at: www.kluwerlawonline.com Free trade agreements, the growing expansion of international business, open-border politics--each in its own way offers major opportunities for world trade and new hope for individuals seeking to better their standard of living. But these new opportunities may come with challenges. The complications which can arise in a breakdown of contracts in multinational transactions and an attempt to enforce foreign judgements can prove costly and time-consuming. Enforcement of Foreign Judgements helps alleviate the time and costs of consulting foreign attorneys or government agencies for information regarding the specific procedures of individual nations and their policies towards enforcement of foreign judgements. It addresses the most pertinent specifications, requirements, and legislation of each individual nation. Topics addressed include: Categories of enforceable judgment Documentary requirements Methods of execution Translation of documents Pending proceedings And service requirements. Having this crucial information on hand in a practical looseleaf guide allows users to research a particular country's requirements regarding enforcement policies without the need to search numerous separate sources. Periodic updates assure that Enforcement of Foreign Judgements includes all countries in which international business takes place. To see the online content for this loose-leaf on KluwerLawOnline, click here. IMPORTANT People without a subscription can now purchase the chapter(s) of the loose-leafs. Simply go to the chapter of your choice, click on BUY and use your credit card (VISA or MasterCard) to complete your order.
This Research Collection offers a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Edited by two leading experts in the field, the collection explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The collection also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. Prefaced by an original and informative introduction by the editors, this collection is an essential resource for those studying, researching or practicing in this area.
A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.