Recognition of foreign judgments : with a special focus on maritime judgments / Yuhan Ji.

Format:

Book

Author/Creator:

Ji, Yuhan, author.

Language:

English

Subjects (All):

Maritime law.

Law of the sea.

Conflict of laws--Maritime law.

Conflict of laws.

International and municipal law.

Judgments, Foreign.

Judicial assistance.

Physical Description:

1 online resource (275 pages)

Edition:

First edition.

Place of Publication:

The Hague, The Netherlands : Eleven, [2022]

Summary:

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.00'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 foreignjudgment 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.

Contents:

Intro

Table of Contents

Table of Abbreviations

1 Introduction

1.1 Introduction

1.2 Research Questions

1.3 Research Design

1.3.1 The selected jurisdictions and legislations

1.3.2 Special focus on foreign maritime judgments

1.3.3 Outline

1.4 Methodology

1.4.1 Functional comparative approach

1.4.2 Legal analysis

1.5 Limitations

Part I Requirements and Refusal Grounds for the Recognition of Foreign Judgments

2 Requirements and Refusal Grounds

2.1 Introduction

2.2 Justifications

2.2.1 Brussels Ibis

2.2.2 English law

2.2.3 The US law

2.2.4 Summary and preliminary comparative remarks

2.3 Limits on judgments

2.4 Finality

2.4.1 Brussels Ibis

2.4.2 English law

2.4.3 The US law

2.4.4 Summary and preliminary comparative remarks

2.5 Jurisdiction of the foreign court

2.5.1 Brussels Ibis

2.5.2 English law

2.5.3 The US law

2.5.4 Summary and preliminary comparative remarks

2.6 Fair procedure

2.6.1 Brussels Ibis

2.6.1.1 Lack of service and notice sufficient to safeguard the defendant's rights

2.6.1.2 Manifest breach of the right to a fair trial

2.6.2 English law

2.6.3 The US law

2.6.3.1 Unfairness of the foreign judicial system

2.6.3.2 Lack of service and other unfairness in foreign procedures

2.6.4 Summary and preliminary comparative remarks

2.7 Fraud

2.7.1 Brussels Ibis

2.7.2 English law

2.7.3 The US law

2.7.4 Summary and preliminary comparative remarks

2.8 Public policy exception

2.8.1 Brussels Ibis

2.8.2 English law

2.8.3 The US law

2.8.4 Summary and preliminary comparative remarks

2.9 Existence of another irreconcilable or conflicting judgment

2.9.1 Brussels Ibis

2.9.2 English law

2.9.3 The US law

2.9.4 Summary and preliminary comparative remarks

2.10 Concluding remarks.

Part II Recognition of the Preclusive Effects of Foreign Judgments

3 Prevailing Approaches and Applicable Law

3.1 Introduction

3.2 Brussels Ibis

3.2.1 A technical interpretation of the concept of recognition

3.2.2 Problems of applicable law

3.3 English law

3.3.1 A unilateral approach

3.3.2 Preference for the lex fori

3.4 The US law

3.4.1 Two parallel approaches

3.4.2 Applicable law

3.4.2.1 Foreign law or local law?

3.4.2.2 Federal law or state law?

3.5 Concluding remarks

4 Recognition of Foreign Judgments and Claim Preclusion Effects

4.1 Introduction

4.2 Brussels Ibis

4.2.1 Precluding re-litigation for contradictory results

4.2.2 Precluding re-litigation for enforcement

4.3 English law

4.3.1 Precluding re-litigation for contradictory results

4.3.2 Precluding re-litigation for additional satisfaction

4.3.2.1 Common law

4.3.2.2 Statutes

4.3.3 Precluding re-litigation for enforcement

4.4 The US law

4.4.1 Precluding re-litigation for contradictory results

4.4.2 Precluding re-litigation for additional satisfaction

4.4.3 Precluding re-litigation for enforcement

4.4.4 Changes in American practice

4.5 Requirements for claim preclusion effects

4.5.1 Same cause of action

4.5.1.1 Brussels Ibis- the core issue theory for the prevention of contradiction

4.5.1.2 English law - distinct scopes based on different purposes of re-litigation

4.5.1.3 The US law - moving to the broadest transactional test

4.5.2 Same parties

4.5.2.1 Brussels Ibis

4.5.2.2 English law

4.5.2.3 The US law

4.6 Concluding remarks

5 Recognition of Foreign Judgments and Issue Preclusion Effects

5.1 Introduction

5.2 Brussels Ibis

5.2.1 The prevailing approach?

5.2.2 Issues on jurisdiction

5.2.2.1 Foreign judgments merely on jurisdiction.

5.2.2.2 The effect of the determination on jurisdiction contained in a foreign judgment

5.2.3 Other issues?

5.3 English law

5.3.1 Unilateral approach confirmed

5.3.2 Issues of fraud

5.3.3 Issues of jurisdiction

5.3.2.1 Foreign judgment merely on jurisdiction

5.3.2.2 The effect of the determination on jurisdiction contained in a foreign judgment

5.4 The US law

5.4.1 Approach decided by the practical needs

5.4.2 Issues of jurisdiction

5.4.2.1 Foreign judgments merely on jurisdiction

5.4.2.2 The effect of the determination on jurisdiction contained in a foreign judgment

5.5 Requirements for issue preclusion effects

5.5.1 Same issues

5.5.1.1 Brussels Ibis

5.5.1.2 English law

5.5.1.3 The US law

5.5.2 Same parties

5.5.2.1 Brussels Ibis

5.5.2.2 English law

5.5.2.3 The US law

5.5.3 Other considerations

5.5.3.1 English law

5.5.3.2 The US law

5.6 Concluding remarks

Part III Recognition of Foreign Judgments With a Focus on Maritime Cases

6 Recognition of Foreign Judgments in Typical Maritime Cases

6.1 Introduction

6.2 Recognition of foreign ship arrest orders

6.2.1 Introduction

6.2.2 The nature of ship arrest orders

6.2.3 Recognition of foreign ship arrest orders

6.2.3.1 Recognition of foreign provisional measures in general

6.2.3.2 Qualifying ship arrest orders as provisional measures under Brussels Ibis

6.2.4 Recognition of the effect of foreign arrest orders

6.2.4.1 The effect of ship arrest orders on precluding re-arrest of ships

6.2.4.2 Recognition of foreign ship arrest order under Brussels Ibis

6.2.5 Recognition and enforcement of foreign arrest orders

6.2.6 Concluding remarks

6.3 Recognition of foreign judgments in limitation of liability cases

6.3.1 Introduction

6.3.2 Different Approaches to limit liability.

6.3.2.1 Invoking the right to limit as a defense

6.3.2.1 Constituting a limitation fund and its consequences under LLMCs

6.3.3 Limits to the erga omnes effect of limitation fund

6.3.4 Recognition of a foreign limitation fund

6.3.4.1 Recognition of foreign judgments on the constitution of limitation fund

6.3.4.2 Erga omnes effect of limitation fund strengthened by the Brussels Regime

6.3.5 Recognition of liability judgments/settlements in limitation proceedings

6.3.5.1 Recognition of a prior settlement/payment

6.3.5.2 Recognition of a prior unpaid liability judgment

6.3.6 Concluding remarks

6.4 Recognition of foreign judicial sales of ships

6.4.1 Introduction

6.4.2 Recognition of foreign judicial sales of ships

6.4.2.1 From old principle to uniform rules

6.4.2.2 The effect of judicial sales of ships under national laws

6.4.2.3 The international effect of foreign judicial sales of ships

6.4.2.4 The effect of recognition of foreign judicial sales of ships

6.4.3 Refusal grounds for the recognition of foreign judicial sales of ships

6.4.3.1 A final judgment?

6.4.3.2 Jurisdiction of the foreign court that conducted the judicial sale

6.4.3.4 Fraud

6.4.3.5 Public policy

6.4.4 Concluding remarks

6.5 Conclusion

7 Procedures for the Recognition of Foreign Judgments - with a Focus on Maritime Judgments

7.1 Introduction

7.2 Brussels Ibis

7.2.1 General procedures for the recognition of foreign judgments

7.2.2 Jurisdiction requirements for the application of enforcement

7.2.3 Coordination with international maritime conventions

7.2.3.1 Article 71 Brussels Ibis and the pre-Brussels I maritime conventions

7.2.3.2 Council decisions and the post-Brussels I maritime conventions

7.2.4 Preliminary summary

7.3 English law.

7.3.1 General procedures for the recognition of foreign judgments

7.3.2 Admiralty procedure for the recognition of foreign maritime judgments

7.3.2.1 Recognition and enforcement of foreign maritime judgments in the admiralty jurisdiction

7.3.2.2 Recognition and enforcement of foreign maritime judgments by action in rem

7.3.2.3 Recognition and Enforcement of foreign judgments under international maritime conventions

7.3.3 Preliminary summary

7.4 The US law

7.4.1 General procedures for the recognition of foreign judgments

7.4.1.1 The approaches under the statute and common law

7.4.1.2 Jurisdiction requirements for recognition actions with enforcement purposes

7.4.2 Admiralty procedure for the recognition of foreign maritime judgments

7.4.2.1 Federal admiralty jurisdiction for recognition and enforcement of foreign judgments

7.4.2.2 Enforcement action by Rule B

7.4.3 Preliminary summary

7.5 Concluding remarks

8 Observations and Concluding Remarks

8.1 Traditional aspect of recognition of foreign judgments

8.2 Recognition of the preclusive effect of foreign judgments

8.3 Recognition of foreign judgments with constitutive effect and its significance

8.3.1 The role of the law applied by the foreign court

8.3.2 Significance of recognition of foreign judgments with constitutive effect

8.4 Tendency towards recognition of foreign provisional measures

8.5 Procedures for the recognition of foreign judgments

8.6 Final Conclusion

Bibliography

Table of cases

Index

Acknowledgements.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

9789051899566

9051899564

OCLC:

1373347512