Home >
Law >
Courts and Procedure >
Promoting Foreign Judgments: Lessons in Legal Convergence from South Africa and Nigeria

Promoting Foreign Judgments: Lessons in Legal Convergence from South Africa and Nigeria

Author: Pontian N. Okoli
Publisher: Kluwer Law International
ISBN: 9789403511344
Published In: October 2019
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,759.80

HKD 1,707.01 Save HKD 52.79 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

Promoting Foreign Judgments undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments considering both African countries as paradigms of their respective legal traditions. In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Disputes arise in the course of international trade, and contracting parties seek to secure effective outcomes. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book argues that there is a need for a fundamental change in approach or underlying assumptions, with a view to facilitating the free movement of foreign judgments in a globalised world.

What’s in this book:

The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. This analysis includes insightful consideration of broader issues such as the following:

how challenges faced by judgment creditors may be circumvented
practical issues impeding the free movement of foreign judgments
impact of globalisation, increase in international commercial transactions, and regionalism on private international law
application of ‘fairness’
how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments, and
‘qualified obligation’ under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State