Recognition of Foreign Judgments: With A Special Focus on Maritime Judgments

International Law

Recognition of Foreign Judgments: With A Special Focus on Maritime Judgments

By Yuhan Ji
Eleven International Publishing July 2022

Specifications

ISBN-13
9789462362949
Publisher
Eleven International Publishing
Publication
July 2022
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

The prevalence of the rules and practices on the recognition and enforcement of foreign judgments gradually blurs the dividing line between ‘recognition’ and ‘enforcement’. However, recognition is not an afterthought of enforcement.

Recognition of Foreign Judgments explores how the courts in the selected jurisdictions, namely the European Union, England and Wales, and the United States, decide whether and to what extent to grant some preclusive effects to foreign judgments, while giving recognition to foreign judgments. These effects can possibly be relied on by foreignjudgment holders to prevent a repetition of litigation of the same disputes or issues. To further reveal the practical significance of recognition of foreign judgments, this book explores some typical maritime cases and examines how the effects of certain maritime judgments can be extra-territorially realized by recognition, and how the mechanism of recognition of foreign judgments assists in achieving the objectives of the important legal mechanisms of maritime law.

Table of Contents

1. Introduction
Part I: Requirements and Refusal Grounds for the Recognition of Foreign Judgments;
2. Requirements and Refusal Grounds
Part II: Recognition of the Preclusive Effects of Foreign Judgments;
3. Prevaling Approaches and Applicable Law
4. Recognition of Foreign Judgments and Claim Preclusion Effects
5. Recognition of Foreign Judgments and Issue Preclusion Effects
Part III: Recognition of Foreign Judgments With a Focus on Maritime Cases
6. Recognition of Foreign Judgments in Typical Maritime Cases
7. Procedures for the Recognition of Foreign Judgments – with a Focus on Maritime Judgments
8. Observations and Concluding Remarks
Bibliography
Table of cases
Index
Acknowledgements;
HKD 1,223.60

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