Moving towards harmonisation in the recognition and enforcement of foreign judgment rules in Asia

• 主要作者: CHONG, Adeline
• 格式: text
• 語言: English
• 出版: Institutional Knowledge at Singapore Management University 2020
• 主題: foreign judgments; harmonisation; conflict of laws; private international law; Conflict of Laws; International Law
• 在線閱讀: https://ink.library.smu.edu.sg/sol_research/3108; https://ink.library.smu.edu.sg/context/sol_research/article/5066/viewcontent/moving_towards_Accepted_version_for_SMU_InK.pdf
• 機構: Singapore Management University

This paper provides a comparative overview of the laws on the recognition and enforcement of foreign judgments in ASEAN and Australia, China, India, Japan and South Korea. It considers the principles which are shared in common and the significant differences in the laws on foreign judgments in the region. This paper argues that the laws which are canvassed here share many principles, albeit the interpretation on certain aspects may differ. Though differences exist, the differences are becoming less sharp. Further, there is a practical need for harmonisation in the region given the plans for closer economic integration in the region. This paper argues that harmonisation is possible and should be pursued.