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Cross-Border Litigation Within ASEAN

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ISBN13: 9789041103963
ISBN: 9041103961
Published: July 1999
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £295.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This work attempts to provide a means of harmonizing some aspects of cross-border civil and commercial litigation within the member states of the ASEAN (Association of South East Asian Nations).

These aspects include the recognition and enforcement of foreign judgments as well as the jurisdictional bases involved in the litigation process. The work culminates in the production of a multilateral ""double-convention"" which is similar in principle to that of the Brussels Convention.

The book aims at providing a pragmatic example that can be utilized by the ASEAN member states on how to harmonize those vital aspects of cross-border litigation and ultimately assist in the acceleration of the development of the ASEAN Free Trade Area (AFTA). There is currently no existing legal mechanism in place that can deal with the problems and disputes of foreign private investors and businesses that aim to take advantage of the AFTA by conducting cross-border transactions within several ASEAN member states.

This work delves into the relevant civil and commercial laws of the ASEAN member states and looks at examples and solutions that have been faced and overcome by courts in England, the United States and the European Court of Justice. It is the first book of its kind that examines and discusses the individual private international commercial laws of the individual ASEAN member states and looks into important business issues such as forum selection clauses, forum shopping, multiplicity of actions, and injunctive relief offered by the courts of the region.

The reader is also given an insight into how the legal systems and laws of those countries operate. This work has also taken into account the local aspects of business life in ASEAN and offers some original suggestions on how best to achieve harmonization.

This book is of academic and practical interest to the relevant governments, scholars, practitioners and students of law who wish to understand aspects of commercial litigation, private international law and international organizations. The work has taken into account the local aspects of business life in ASEAN and offers some suggestions on how best to achieve harmonization.

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Subjects:
Other Jurisdictions , Asia
Contents:
Introduction to ASEAN and the AFTA
the contrast and similarities in characters of ASEAN and the EC
basic concepts of personal jurisdiction, legal systems of ASEAN and suggested reforms in certain basic concept
enforcement of foreign judgments and summary of legal systems in ASEAN - position under the Brussels Convention and the proposed ASEAN Judgments Convention
contracts and special jurisdiction
jurisdiction in matters relating to tort or delict
exclusive jurisdiction regardless of domicile - situs of immovable property
forum selection clauses
staying an action in situations of multiplicity of proceedings by means of the "lis alibi pendens" doctrine
the concept of forum shopping and the doctrine of "forum non conveniens" as a counter-balance
preliminary injunctive relief
summary of final conclusions.