The Conflict of Laws in Hong Kong, 2nd Edition
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Conflict of Laws

The Conflict of Laws in Hong Kong, 2nd Edition

By Graeme JOHNSTON
Sweet & Maxwell Hong Kong August 2012

Specifications

ISBN-13
9789626614075
Publisher
Sweet & Maxwell Hong Kong
Publication
August 2012
Format
Hardback
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

Cited with approval (First Edition) by the CFA

The CFA in First Laser Ltd v Fujian Enterprises (Holdings) Co Ltd, (unrep., FACV 6/2011, 6 July 2012), confirmed that estoppel by convention is a matter of substance in the conflict of laws, endorsing the view to that effect expressed in the first edition of this work and elsewhere.
 
Written by a highly regarded and well-known author, Mr. Graeme Johnston
 
The Conflict of Laws in Hong Kong, Second Edition is an authoritative and comprehensive guide to the body of law which governs the approach of the Hong Kong civil courts to the determination of governing law, jurisdiction and related issues in cases with a cross-border element (including mainland China and Taiwan as well as foreign countries).  The Hong Kong courts' approach was originally based on English law but has diverged significantly as a result of statutory changes, a growing body of Hong Kong case law and even a constitutional interpretation by the National People’s Congress. As a result, it can be very hard for even a specialist to work out the precise position under Hong Kong law.
 
 Completely up-to-date, reflecting all significant developments since the first edition
  • An entirely new chapter on the conflict of laws aspects of arbitration, taking account of the new Arbitration Ordinance
  • Detailed analysis of the important post-2005 statutes affecting domicile and the cross-border enforcement of judgments
  • Full consideration of the law on state immunity following FG Hemisphere andIntraline, including issues such as waiver and state owned enterprises
  • The impact of the civil justice reforms, including the new regime on injunctions in support of foreign proceedings (replacing the Leiduck rule)
 
Authoritatively cited in court, comprehensive coverage with practical and detailed analysis covering the classic conflict of laws topics
  • Choice of law
  • Jurisdiction
  • Enforcement of judgments
 
Includes detailed discussions of approaches within particular legal contexts
  • Contract, tort, company law, property law, family law, insolvency and estates

 

Remarks: This book is special that “Student Edition” is NOT available for sale in our shop. Students please check with your school or teacher for details.

Table of Contents

PART A: FUNDAMENTAL PRINCIPLES
CHAPTER 1 - INTRODUCTION
CHAPTER 2 - CHOICE OF LAW
CHAPTER 3 - JURISDICTION
CHAPTER 4 - EXCEPTIONS FROM ORDINARY PRINCIPLES

PART B: LEGAL CONTEXTS
CHAPTER 5 - OBLIGATIONS
CHAPTER 6 - PROPERTY
CHAPTER 7 - PERSONS
CHAPTER 8 - ESTATES
 
PART C: FOREIGN JUDGMENTS
CHAPTER 9 - RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS
CHAPTER 10 - ARBITRATION
 
PART D: EVIDENCE, REMEDIES AND PROCEDURE
CHAPTER 11 - EVIDENCE
CHAPTER 12 - REMEDIES AND PROCEDURE
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