Korte beschrijving/Annotatie

This book explores how the courts in the selected jurisdictions decide whether and to what extent to grant some preclusive effects to foreign judgments, while giving recognition to foreign judgments.

Tekst achterflap

The prevalence of the rules and practices on the recognition and enforcement of foreign judgments gradually blurs the dividing line between ‘recognition’ and ‘enforcement’. However, recognition is not an afterthought of enforcement. Recognition of Foreign Judgments explores how the courts in the selected jurisdictions, namely the European Union, England and Wales, and the United States, decide whether and to what extent to grant some preclusive effects to foreign judgments, while giving recognition to foreign judgments. These effects can possibly be relied on by foreign judgment holders to prevent a repetition of litigation of the same disputes or issues. To further reveal the practical significance of recognition of foreign judgments, this book explores some typical maritime cases and examines how the effects of certain maritime judgments can be extra-territorially realized by recognition, and how the mechanism of recognition of foreign judgments assists in achieving the objectives of the important legal mechanisms of maritime law. This book is particularly suitable for readers who have interests in private international law, transnational litigation, and maritime law.

Biografie

Yuhan Ji obtained her bachelor’s degree in 2010 and completed the master programme on Maritime Law in Dalian Maritime University in 2012. Since September of 2013, Yuhan has been a PhD candidate in the School of Law, Erasmus University Rotterdam, supervised by Prof. dr. Frank Smeele. In November and December of 2014, Yuhan conducted part of her research at the Max Planck Institute for Comparative and International Private Law in Hamburg. Yuhan has been a Judge Assistant in the Maritime Tribunal of the Nanjing Maritime Court of PRC since June of 2021.

Inhoudsopgave

Table of Abbreviations; 1 Introduction; Part I Requirements and Refusal Grounds for the Recognition of Foreign Judgments; 2 Requirements and Refusal Grounds; Part II Recognition of the Preclusive Effects of Foreign Judgments; 3 Prevailing Approaches and Applicable Law; 4 Recognition of Foreign Judgments and Claim Preclusion Effects; 5 Recognition of Foreign Judgments and Issue Preclusion Effects; Part III Recognition of Foreign Judgments With a Focus on Maritime Cases; 6 Recognition of Foreign Judgments in Typical Maritime Cases; 7 Procedures for the Recognition of Foreign Judgments – with a Focus on Maritime Judgments; 8 Observations and Concluding Remarks; Bibliography; Table of cases; Index; Acknowledgements

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