Asian Principles for the Recognition and Enforcement of Foreign Judgments

The Asian Business Law Institute has summarised, compared and contrasted the laws of the ten ASEAN member states, Australia, China, India, Japan and South Korea under 13 concise principles. This book is the output of an ambitious project by the Asian Business Law Institute to promote the harmonisation of foreign judgment rules in the region.

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The Asian Principles for the Recognition and Enforcement of Foreign Judgments is published by the Asian Business Law Institute (ABLI) as part of its Asian Principles for the Recognition and Enforcement of Foreign Judgments project.

The Asian Principles distils the commonalities and differences of the law on foreign judgments recognition and enforcement in 15 countries (all ten ASEAN member states, plus Australia, China India, Japan and South Korea) for readers into 13 overarching principles that underpin the recognition and enforcement of foreign judgments in the region. Authored by leading academics and practitioners with extensive regional exposure, each of the 13 Asian Principles comes with a detailed commentary fully supported by citations. Where appropriate, the Asian Principles also suggest ways forward for the development of the law in this area. The Asian Principles is a horizontal comparison that is a sequel to ABLI’s first publication Recognition and Enforcement of Foreign Judgments in Asia.

Features a foreword by the Honourable Justice Andrew Phang, Judge of the Court of Appeal of the Supreme Court of Singapore.

Apart from the paperback version, the publication is also available in electronic form. Readers who would like to purchase the PDF e-book or have any query regarding this publication can contact Catherine Shen (catherine_shen@abli.asia). A preview of the table of contents is available upon request.

 

Index

Foreword (pp. v–vii)

Andrew Phang

Introduction (pp. xi–xx)

Adeline Chong

Asian Principles for the Recognition and Enforcement of Foreign Judgments (pp. xxi–liii, in multiple languages)

Principle 1. General Principle (pp. 1–17) 

Lead Author: Adeline Chong

Principle 2. Jurisdiction (pp. 18–39)

Lead Author: Adeline Chong

Principle 3. Finality (pp. 40–52)

Lead Author: Bích Ngọc Du

Principle 4. Merits (pp. 53–56)

Lead Author: Yujun Guo

Principle 5. Reciprocity (pp. 57–76)

Lead Author: Yujun Guo

Principle 6. Money judgments (pp. 77–84)

Lead Author: Poomintr Sooksripaisarnkit

Principle 7. Non-money judgments (pp. 85–99)

Lead Author: Poomintr Sooksripaisarnkit

Principle 8. Fraud (pp. 100–111)

Lead Author: Narinder Singh 

Principle 9. Public policy (pp. 112–129)

Lead Author: Yu Un Oppusunggu

Principle 10. Due Process (pp. 130–155)

Lead Author: Yu Un Oppusunggu 

Principle 11. Inconsistent Judgments (pp. 156–173)

Lead Author: Colin Ong QC

Principle 12. In rem judgments (pp. 174–184)

Lead Authors: Narinder Singh and Adeline Chong

Principle 13. Severability (pp. 185–187)

Lead Author: Poomintr Sooksripaisarnkit

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