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Books on the topic 'Judgment for recognition'

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Published: 28 June 2021

Last updated: 14 February 2022

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1

Weinschenk, Fritz. Die Anerkennung und Vollstreckung bundesdeutscher Urteile in den Vereinigten Staaten unter den "Foreign Country Money Judgment Recognition Acts". Berlin: Duncker & Humblot, 1988.

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2

Christian, Schulze. On jurisdiction and the recognition and enforcement of foreign money judgments. Pretoria, [South Africa]: University of South Africa Press, 2005.

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3

Zhang, Wenliang. Recognition and enforcement of foreign judgments in China: Rules, practice and strategies. Alphen aan den Rijn, The Netherlands: Kluwer Law International, $c [2014], 2014.

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4

Ouwerkerk, Jannemieke. Quid pro quo?: A comparative law perspective on the mutual recognition of judicial decisions in criminal matters. Cambridge: Intersentia, 2011.

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5

Sipkov, Ivan. Recognition and enforcement of U.S. judgments in Switzerland and varioius [i.e. various] Latin American countries. [Washington, D.C.]: Law Library of Congress, 1990.

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6

Pryles, Michael Charles. The recognition of money judgments in civil and commercial matters: Australian report. S.l: s.n., 1986.

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7

Budidjaja, Tony. Public policy as grounds for refusal of recognition and enforcement of foreign arbitral awards in Indonesia. Jakarta, Indonesia: Tatanusa, 2002.

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8

Institute, American Law. Recognition and enforcement of foreign judgments: Analysis and proposed federal statute : adopted and promulgated by the American Law Institute at Philadelphia, Pennsylvania, May 17, 2005. Philadelphia, Pa: American Law Institute, 2006.

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9

Wai guo pan jue cheng ren yu zhi xing de guo ji gong yue mo shi yan jiu: A study on patterns of international convention on recognition and enforcement of foreign judgments. Beijing shi: Zhongguo zheng fa da xue chu ban she, 2010.

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10

Pontier, Jannet A., and Edwige Burg. EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters. The Hague: T.M.C. Asser Press, 2004. http://dx.doi.org/10.1007/978-90-6704-619-0.

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11

Whose responsibility?: A study of transnational defence rights and mutual recognition of judicial decisions within the EU. Cambridge, United Kingdom: Intersentia, 2013.

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12

Tiggelen, Gisèle Vernimmen-Van. The future of mutual recognition in criminal matters in the European Union =: L'avenir de la reconnaissance mutuelle en matière pénale dans l'Union européenne. Bruxelles: Editions de l'Université de Bruxelles, 2009.

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13

Faculté de droit et de science politique d'Aix-Marseille, ed. Recognition and enforcement of judgements: Comparative and international perspective = Reconnaissance et exécution des jugements : perspectives comparées et internationales. [Aix-en-Provence]: Presses universitaires d'Aix-Marseille, 2010.

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14

Recognition and enforcement of international commercial arbitral awards in Latin America: Law, practice and leading cases. Leiden: Brill Nijhoff, 2015.

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15

Commission, Ireland Law Reform. Report on jurisdiction in proceedings for nullity of marriage, recognition of foreign nullity decrees, and the Hague Convention on the Celebration and Recognition of the Validity of Marriages (1978). Dublin: The Commission, 1985.

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16

Friesen, Carol. Disputed jurisdiction and recognition of judgments between tribal and state courts: A survey of seven of [sic] states. Denver, Colo. (1331 Seventeen St., suite 4-2 [i.e., 402], Denver 80202): Institute for Court Management of the National Center for State Courts, 1990.

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17

Université libre de Bruxelles. Institut d'études européennes, ed. The future of mutual recognition in criminal matters in the European Union =: L'avenir de la reconnaissance mutuelle en matière pénale dans l'Union européenne. Bruxelles: Editions de l'Université de Bruxelles, 2009.

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18

Intellectual property in the global arena: Jurisdiction, applicable law, and the recognition of judgments in Europe, Japan and the US. Tübingen: Mohr Siebeck, 2010.

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19

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. Washington: U.S. G.P.O., 2012.

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20

Pontier, Jannetje Adriana. EU principles on jurisdiction and recognition and enforcement of judgments in civil and commercial matters: According to the case law of the European Court of Justice. The Hague: T.M.C. Asser Press, 2004.

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21

Great Britain. Parliament. House of Lords. Select Committee on the European Communities. Brussels II: The draft Convention on Jurisdiction, Recognition and Enforcement of Judgments in Matrimonial Matters : with evidence : 5th report, session 1997-98. London: Stationery Office, 1997.

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22

Trade, Canada Dept of Foreign Affairs and International. Enforcement of judgments : exchange of notes constituting an agreement amending the convention between the government of Canada and the government of the United Kingdom of Great Britain and Northern Ireland providing for the reciprocal recognition and enforcement of judgments in civil and commercial matters, London, November 7, 1994 and February 17, 1995, in force December 1, 1995 =: L'exécution des jugements : échange de notes constituant un accord modifiant la convention entre le gouvernement du Canada et le gouvernement du Royaume-Uni de Grande-Bretagne et d'Irlande du Nord pour assurer la reconnaissance et l'exécution réciproques des jugements en matière civile et commerciale, Londres, le 7 novembre 1994 et le 17 février 1995, en vigueur le 1er décembre 1995. Ottawa, Ont: Queen's Printer for Canada = Imprimeur de la Reine pour le Canada, 1996.

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23

Trevor C, Hartley. Part III Recognition and Enforcement, 16 Recognition and Enforcement of Judgments: Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0016.

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This chapter considers the recognition and enforcement of judgments under Brussels 2012, Lugano 2007, and the Hague Convention. The relevant provisions are in Chapter III of Brussels and Lugano (and for authentic instruments and court settlements, Chapter IV); in Hague the relevant provisions are in Chapter III. These provisions apply only to judgments, authentic instruments, and court settlements from States covered by the instrument in question. Brussels applies only to Member States of the European Union; Lugano applies only to States to which Lugano applies; and Hague applies only to States that are Parties to that convention. The chapter discusses the terminology used in the three instruments, recognition and enforcement, what constitutes a judgment, jurisdiction of the court of origin, subject-matter of the judgment, and review as to substance (<i>révision au fond</i>).

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24

Thornton, Tim. Clinical Judgment, Tacit Knowledge, and Recognition in Psychiatric Diagnosis. Edited by K. W. M. Fulford, Martin Davies, Richard G. T. Gipps, George Graham, John Z. Sadler, Giovanni Stanghellini, and Tim Thornton. Oxford University Press, 2013. http://dx.doi.org/10.1093/oxfordhb/9780199579563.013.0061.

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This chapter contrasts the recent emphasis on operationalism as the route to reliability in psychiatry with arguments for an ineliminable role for tacit knowledge. Although Michael Polanyi popularized the idea of tacit dimension, the chapter argues that two clues he offers as to its nature-that we know more than we can tell and that knowledge is an active comprehension of things known-are better interpreted through regress arguments set out by Ryle and Wittgenstein. Those arguments, however, suggest that tacit knowledge is not inexpressible but merely inexpressible in context-free terms. The chapter suggests instead that tacit knowledge is best understood to be context-dependent practical knowledge. So understood, the regress arguments suggest that the operational approach to psychiatric diagnosis can never free itself from a tacit dimension. Given that claim, then Parnas' opposing view of diagnosis can be seen as a way to embrace, rather than deny, the importance of tacit knowledge and skilled clinical judgment for psychiatry.

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25

Trevor C, Hartley. Part III Recognition and Enforcement, 18 Brussels and Lugano: Grounds for Refusal of Recognition and Enforcement of Judgments. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0018.

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The general rule in Brussels 2012 and Lugano 2007 is that all judgments from other Member States or Lugano States must be recognized unless there is a reason why they should not be. This chapter discusses those reasons. The grounds for refusal set out in the instruments apply to both recognition and enforcement of a judgment. However, in the case of enforcement, the judgment-debtor may also invoke grounds that apply under national law for the non-enforcement of national judgments — for example, that the judgment has been satisfied. This is not possible with regard to recognition: recognition may be refused only on the grounds set out in the instruments. The principal grounds are set out in Brussels 2012, Article 45, and Lugano 2007, Articles 34 and 35.

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26

Trevor C, Hartley. Part III Recognition and Enforcement, 17 Brussels and Lugano: Procedure. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0017.

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This chapter, which applies only to Brussels 2012 and Lugano 2007, discusses the procedure for the recognition and enforcement of judgments. If a judgment is enforceable under Brussels or Lugano, it must be enforced under those instruments: it is not permitted to sue the defendant again on the original cause of action, even if this would be less expensive. The position under the two instruments appears rather different because, while Lugano 2007 follows Brussels 2000 in requiring the judgment-creditor to obtain a declaration of enforceability as a precondition for enforcement, this is no longer necessary under Brussels 2012. However, the difference is not very great in practice. The chapter discusses the abolition of <i>exequatur</i> and enforcement orders, enforceability, enforcement, recognition, refusal of recognition, enforcement procedure: general principles, and special issues that arise in the enforcement of judgments.

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27

Hill, Jonathan. 3. Foreign judgments. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198732297.003.0003.

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This chapter deals with the recognition of enforcement of foreign judgments by English courts. The crucial question is not whether foreign judgments should be recognised and enforced in England but which judgments should be recognised and enforced. There are, broadly speaking, two theories. The first is the theory of obligation, which is premised on the notion that if the original court assumed jurisdiction on a proper basis the court's judgment should prima facie be regarded as creating an obligation between the parties to the foreign proceedings which the English court ought to recognise and, where appropriate, enforce. The alternative theory is based on the idea of reciprocity: the courts of country X should recognise and enforce the judgments of country Y if, mutatis mutandis, the courts of country Y recognise and enforce the judgments of country X. Whichever theory is adopted, the recognition and enforcement of foreign judgments is limited by a range of defences which may be invoked by the party wishing to resist the judgment in question. It would be unrealistic to expect the English court to give effect to a foreign judgment which conflicts with fundamental notions of justice and fairness. So, the recognition and enforcement of foreign judgments is a two-stage process: Are the basic conditions for recognition or enforcement satisfied? If so, is there a defence by reason of which the foreign judgment should nevertheless not be recognised or enforced? The remainder of the chapter discusses the recognition and enforcement at common law; statutory regimes based on the common law; recognition and enforcement under the Brussels I Recast; and United Kingdom judgments.

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28

Paul, Torremans. Part III Jurisdiction, Foreign Judgments and Awards, 16 Recognition and Enforcement of Foreign Judgments—The Traditional Rules. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0016.

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This chapter focuses on the recognition and enforcement of foreign judgments under the traditional rules. It begins with a discussion of the theory underlying recognition and enforcement, followed by an analysis of enforcement under the Brussels/Lugano system and family law. It then considers the principles on which the successful litigant may take advantage of a foreign judgment at common law, along with defences to recognition and enforcement of such judgments. It also examines direct enforcement of foreign judgments by statute such as the Civil Jurisdiction and Judgments Act 1982, Administration of Justice Act 1920, and the Hague Convention on Choice of Court Agreements 2005. Finally, it assesses the inter-relation of the common law rules of recognition and those provided by statute (other than the Civil Jurisdiction and Judgments Act 1982), especially in the fields of jurisdiction and defences, and the jurisdictional provisions of Brussels I Recast.

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29

Paul, Torremans. Part III Jurisdiction, Foreign Judgments and Awards, 15 Recognition and Enforcement of Foreign Judgments and Arbitral Awards in England—An Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0015.

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This chapter examines how foreign judgments and arbitral awards are recognised and enforced in England. Unsatisfied foreign judgments and arbitral awards give rise to complicated questions concerning private international law. Owing to the principle of territorial sovereignty, a judgment delivered in one country cannot, in the absence of international agreement, have a direct operation of its own force in another. This chapter first considers the effect given to foreign judgments and arbitral awards before discussing the different regimes governing recognition and enforcement of foreign judgments. In particular, it looks at judgments from outside the European Union and European Free Trade Association (EFTA), judgments from an EU or EFTA state, and judgments from other parts of the UK. It also analyses issues relating to insolvency, family law, and wills and successions and concludes with an overview of rules under which foreign arbitral awards are recognised and enforced.

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30

Trevor C, Hartley. Part IV Procedural and Systemic Issues, 24 Arbitration. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0024.

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This chapter considers the impact of Brussels 2012 and Lugano 2007 on arbitration. It begins by discussing Brussels 2012, Article 1(2)(d) which states: ‘This Regulation shall not apply to ... arbitration’. The key word is ‘apply’. In the context, this means that Brussels 2012 does not purport to regulate arbitration. Its purpose is to regulate litigation — it ‘applies’ to that — but it does not ‘apply’ to arbitration. The remainder of the chapter discusses the development of the law and the present law, covering the validity of an arbitration agreement, recognition of the judgment, court proceedings ancillary to arbitration, and recognition of judgments and awards.

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31

Silberman, Linda J., and Franco Ferrari. Recognition and Enforcement of Foreign Judgments. Edward Elgar Publishing, 2017. http://dx.doi.org/10.4337/9781786430618.

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32

Foreign Judgments In Israel Recognition And Enforcement. Springer, 2012.

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33

S, Paley Gregory, ed. International recognition and enforcement of money judgments. Chesterland, Ohio: Business Laws, 1994.

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34

Hill, Jonathan. 6. Domicile, nationality, and habitual residence. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198732297.003.0006.

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The object of jurisdictional rules is to determine an appropriate forum and choice of law rules are designed to lead to the application of the most appropriate law, the law that generally the parties might reasonably expect to apply. The test for recognition of foreign judgments is not dissimilar. A judgment granted by an appropriate forum should normally be recognised. The problem is one of ascertaining the connecting factor (or factors) which would best satisfy the criterion of appropriateness. With regards to personal connecting factors, there is little international agreement as to the appropriate test of ‘belonging’. In England and most common law countries, the traditional personal connecting factor is domicile, which loosely translates as a person's permanent home. One of the problems here is that domicile is a connecting factor which is interpreted differently in various parts of the world. In contrast, most of continental Europe and other civil law countries have traditionally used nationality as the basic connecting factor, especially for choice of law purposes; the personal law is the law of the country of which the person is a citizen. In some countries, including England, another connecting factor, habitual residence, has emerged. This is increasingly being used for the purposes of jurisdiction rules and in the law relating to recognition of foreign judgments. This chapter examines each of these personal connecting factors. Primary emphasis is laid on domicile and habitual residence as the two main connecting factors employed by English law.

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35

Interregional Recognition and Enforcement of Civil and Commercial Judgments. Bloomsbury Publishing PLC, 2014.

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36

Jingzhou, Tao. 4 China. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199655717.003.0005.

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This chapter evaluates the merits of China as a venue for international arbitration proceedings. It discusses the history and development of arbitration in China; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes for foreign investors, arbitration is a better choice than litigation to resolve disputes. Choosing a Chinese arbitration commission instead of the People's Court not only provides the common advantages of arbitration, but also better shields the foreign party from the strong local protectionism in the local judiciary and from the professional incompetence of some judges. More importantly, arbitral awards rendered by arbitration institutions in China are more easily recognized and enforced in other countries than judgments issued by Chinese courts, as China is a signatory to the New York Convention, but has not yet entered into to judgment recognition and enforcement treaties with most of the major world economies.

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37

Institute, American Law. Recognition and Enforcement of Foreign Judgements: Analysis and Proposed Federal Statute. Amer Law Inst, 2007.

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38

Paul, Torremans. Part III Jurisdiction, Foreign Judgments and Awards, 17 Recognition and Enforcement of Judgments Under the Brussels/Lugano System. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0017.

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This chapter discusses the recognition and enforcement of judgments under the Brussels/Lugano system. It first considers the rules on recognition and enforcement under the Brussels I Recast, including grounds and non-grounds for refusal of recognition and enforcement. It then examines recognition and enforcement under the EC/Denmark Agreement and the Brussels Convention, the circumstances that merit the application of the rules on recognition and enforcement under the Lugano Convention, and the differences between the Lugano Convention and the Brussels I Recast with respect to recognition and enforcement of judgments. It also reviews the relevant provisions of the European Enforcement Order Regulation, the European Order for Payment Procedure Regulation, and the European Small Claims Procedure Regulation.

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39

The Principle of Mutual Recognition in Cooperation in Criminal Matters. Intersentia, 2011.

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40

RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS: Analysis and Proposed Federal Statute. Amer Law Inst, 2006.

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41

O'Hara-O'Connor, Erin. Choice of Law and Conflict of Laws. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684250.013.039.

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This chapter explores the contribution of law and economics to conflict of laws, including choice of law, personal jurisdiction, and judgment recognition and enforcement. Consistent with developments in the literature, the majority of discussion focuses on choice of law, or how best to allocate sovereign authority over governing law when private disputes involve people or events that span multiple states or nations. The tension between private and state interests and the contributions of jurisdictional competition are considered, as is state incentives to cooperate, harmonize, and/or reciprocate in each of the substantive areas covered. Both federalism and international relations issues are briefly discussed.

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42

Furtak, Rick Anthony. Emotions as Felt Recognitions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190492045.003.0004.

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Through our emotions we discern what has meaning or significance for us, and our capacity for affective apprehension is embodied in specific ways. To become passionately agitated, in one way or another, is to have one’s attention drawn to something that is experienced as axiologically prominent, and to be moved to respond accordingly. Moreover, the phenomenal character of emotion is intimately linked with what it reveals: to be frightened is thus to have an experience in which an apparent danger is recognized in a compelling manner. Likewise, it is by way of the visceral feelings of being agitated by grief that we fully recognize the death of a loved one. A more dispassionate judgment about such existentially significant matters falls short of what is disclosed to us in experiences of emotional knowing. What is at issue in our affective experience is nothing less than our sense of reality.

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43

Zimmermann, Jens. 6. Hermeneutics and law. Oxford University Press, 2015. http://dx.doi.org/10.1093/actrade/9780199685356.003.0006.

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‘Hermeneutics and law’ begins with natural law in Greco-Roman culture and God’s moral law of Christendom. It then explains legal positivism as espoused by John Austin (1790–1859) and the more democratic ideal of Herbert L. A. Hart (1907–92). For Hart, society operates two sets of legal rules: primary rules that tell us not to steal or not to kill, and secondary rules ‘of recognition’ by which primary positive law is recognized and applied in a regulated manner. Critics of legal positivism—legal realism and natural law—are discussed, before concluding that a legal judgment involves more than the mere application of rules. To judge is to interpret.

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44

Baumgartner, Samuel. Recognition and Enforcement of Foreign Judgements Outside Thescope of the Brussels and Lugano Conventions (Civil Procedures in Europe, Vol 3). Kluwer Law International, 2000.

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45

Trevor C, Hartley. Civil Jurisdiction and Judgments in Europe. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.001.0001.

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This book offers comprehensive coverage and analysis of the relationship between the three instruments governing civil jurisdiction and judgments in Europe: the Brussels Regulation, the Lugano Convention, and the Hague Choice of Court Convention. The text provides a practical explanation of how the instruments operate, focusing on real-life litigation problems, and including extensive reference to the case-law of the Court of Justice of the European Union. The work is specifically designed for ease of navigation and is split into four parts. Part I offers an introduction to the features and scope of each of the instruments. Part II goes on to examine the issue of jurisdiction whilst Part III tackles recognition and enforcement. Finally, Part IV addresses procedural and systematic problems. A detailed table of contents and extensive cross-referencing throughout make it simple to home in on the relevant sections.

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46

Trevor C, Hartley. Part III Recognition and Enforcement, 20 Hague. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0020.

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This chapter considers recognition and enforcement under the Hague Convention. Hague applies only to judgments given by a court of a State to which the Hague Convention applies, and it applies only if the court of origin had jurisdiction under a choice-of-court agreement. The position under Hague is different from that under Brussels 2012 and Lugano 2007 since the court addressed is not precluded from deciding for itself whether the choice-of-court agreement was valid and the claim was within its scope. Apart from this, Hague has a great deal in common with Brussels and Lugano, though there are a number of additional provisions in the former that find no counterpart in the latter. The relevant provisions are found in Part III of the Convention. Article 8 lays down the general conditions for recognition; Article 9 provides certain specific grounds for non-recognition and subsequent Articles deal with special issues. Each of these provisions are considered in turn.

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47

Institute, American Law, ed. Recognition and enforcement of foreign judgments: Analysis and proposed federal statute : proposed final draft (April 11, 2005). Philadelphia: American Law Institute, 2005.

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48

Pontier, Jannet A., and Edwige Burg. EU Principles on Jurisdiction and Recognition and Enforcement of Judgments in Civil and Commercial Matters. Asser Press, 2004.

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49

UNCITRAL Model Law on Recognition and Enforcement of Insolvency-Related Judgments with Guide to Enactment. UN, 2019. http://dx.doi.org/10.18356/609c0ab3-en.

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50

Charles T, Kotuby, and Sobota Luke A. Ch.1 An Introduction to the General Principles of Law and International Due Process. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190642709.003.0001.

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This chapter discusses the history and genesis of general principles of law and norms of international due process in international law, and the practical application of these principles and norms in various national and international fora. The identification of general principles is one of both discernment and distillation—honing the principles underlying legal rules that are common to the majority of legal systems around the world. Once properly identified, general principles help regulate inter-state relations, define the treatment due to foreign investors under investment treaties, and guide the choice of law before municipal courts. They assist in the proper interpretation of both treaties and internation contracts. There are similarly general and universal procedural principles that form the concept of international due process. These baseline norms are referenced when deciding when a judgment or award deserves recognition abroad or, conversely, condemnation as a denial of justice.

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