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Recognition and Enforcement of Foreign Judgments in China - Rules, Practice and Strategies (Hardcover)
Loot Price: R5,256
Discovery Miles 52 560
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Recognition and Enforcement of Foreign Judgments in China - Rules, Practice and Strategies (Hardcover)
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This masterful analysis describes and analyses not only the formal
rules affecting recognition and enforcement of foreign judgments
(REJ) in China but also the "hidden" or latent factors that must be
understood. Along with in-depth descriptions of the formal channels
of international dispute resolution in China - national laws,
bilateral treaties, and multilateral conventions - the book covers
numerous elements essential for understanding REJ in China,
including the following: the "equalization of effects" approach in
China; the PRC's legal system on REJ in China; China's reciprocity
requirement; China's jurisdictional requirement; the public policy
defence under Chinese law; the concept of "natural justice" in
Chinese law; the defence of parallel proceedings or conflicting
judgments; the structure of China's courts system; procedures and
costs; availability of provisional and protective measures; legal
culture and other important factors; and an overview of a selected
court's practice. Clearly, REJ in China calls for systematic
understanding. This book takes the first giant step to that end,
and will be hugely appreciated by business persons and counsel
seeking to have foreign judgments recognized and enforced in China,
or from a broad perspective, to arrange dispute resolution when
Chinese elements are involved. Academics will appreciate the clear
light it sheds on one of the thorniest issues in private
international law.
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