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Direct jurisdiction : Asian perspectives / edited by Anselmo Reyes and Wilson Lui.

Contributor(s): Material type: TextSeries: Studies in private international law - Asia ; volume 4Publisher: London, England : Zed Books, 2021Distributor: [London, England] : Bloomsbury Publishing, 2021Edition: First editionDescription: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781509936458
Subject(s): Genre/Form: Additional physical formats: Print version:: Direct jurisdictionDDC classification:
  • 340.9/095 23
LOC classification:
  • KNC126
Online resources: Available additional physical forms:
  • Also published in print.
Contents:
Introduction / Wilson Lui and Anselmo Reyes -- China / Zhengyi Zhang, Jianping Shi -- Hong Kong / James Y P Wong -- Taiwan / Fuldien Li and Rong-Chwan Chen -- Japan / Kazuaki Nishioka -- South Korea / Sungjae Chun -- Singapore / Wilson Lui -- Malaysia / Nitin V Nadkarni and Wai Fung Teh -- Vietnam / Nguyen Thi Hong Trinh, Ho Minh Thanh and Hoang Thao Anh -- Cambodia / Nobumichi Teramura -- Myanmar / Zaw Thura -- Philippines / Arvin Kristopher A Razon, Jocelyn P Cruz and Justin DJ Sucgang -- Indonesia / Afifah Kusumadara -- Thailand / Akawat Laowonsiri -- Sri Lanka / Ramesh Fernando -- India / Sai Ramani Garimella -- Conclusion / Anselmo Reyes and Wilson Lui.
Summary: "The second thematic volume in the series Studies in Private International Law - Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them"-- Provided by publisher.
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Includes bibliographical references and index.

Introduction / Wilson Lui and Anselmo Reyes -- China / Zhengyi Zhang, Jianping Shi -- Hong Kong / James Y P Wong -- Taiwan / Fuldien Li and Rong-Chwan Chen -- Japan / Kazuaki Nishioka -- South Korea / Sungjae Chun -- Singapore / Wilson Lui -- Malaysia / Nitin V Nadkarni and Wai Fung Teh -- Vietnam / Nguyen Thi Hong Trinh, Ho Minh Thanh and Hoang Thao Anh -- Cambodia / Nobumichi Teramura -- Myanmar / Zaw Thura -- Philippines / Arvin Kristopher A Razon, Jocelyn P Cruz and Justin DJ Sucgang -- Indonesia / Afifah Kusumadara -- Thailand / Akawat Laowonsiri -- Sri Lanka / Ramesh Fernando -- India / Sai Ramani Garimella -- Conclusion / Anselmo Reyes and Wilson Lui.

Abstract freely available; full-text restricted to individual document purchasers.

"The second thematic volume in the series Studies in Private International Law - Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them"-- Provided by publisher.

Also published in print.

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Mode of access: World Wide Web.

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