Asian Conflict of Laws

Name: Asian Conflict of Laws | East and South East Asia
Brand: Kluwer Law International
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East and South East Asia

Alejandro Carballo Leyda(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 18. Mai 2015

336 Seiten

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Cover
Half Title Page
Title Page
Copyright Page
List of Editor and Contributors
Summary of Contents
Table of Contents
Preface
CHAPTER 1 Mainland China
§1.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§1.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[a] Jurisdiction by Level
[b] Territorial Jurisdiction
[2] Submitted to Jurisdiction
[3] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Forum Agreements in Favour of Foreign Courts
[3] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§1.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[1] Civil Subjects
[2] Marriage and Family Law Matters
[3] Succession
[4] Rights In Rem
[5] Contractual Obligations
[6] Torts
[7] Intellectual Property Rights
[8] Incidental Questions
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[1] Public Policy
[2] Mandatory Rules
[E] Proof of Foreign Law
[F] Evasion of the Law
§1.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§1.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§1.06 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 2 Hong Kong
§2.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§2.02 JURISDICTION OF THE LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Submitted to Jurisdiction
[3] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[2] Non-justiciable Claims
[3] Forum Agreements in Favour of Foreign Courts
[4] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§2.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
§2.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§2.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[1] Common Law Regime
[2] Foreign Judgments (Reciprocal Enforcement) Ordinance
[3] Mainland Judgments (Reciprocal Enforcement) Ordinance
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§2.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§2.07 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 3 Indonesia
§3.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§3.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Non-justiciable Claims
[3] Forum Agreements in Favour of Foreign Courts
[4] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§3.03 APPLICABLE LAW
[A] Choice of Law
[B] Other Cases
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§3.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§3.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§3.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§3.07 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 4 Japan
§4.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§4.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Submitted to Jurisdiction
[3] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Forum Agreements in Favour of Foreign Courts
[3] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§4.03 APPLICABLE LAW
[A] Choice of Law
[B] Other Cases
[1] Contract without Choice of Law - General
[2] Consumer and Labour Contracts
[a] Consumer Contracts
[b] Labour Contracts
[3] Rights in Rrem, etc.
[4] Torts
[5] Negotiorum Gestio and Unjust Enrichment
[6] National Law
[7] Formalities for Contracts
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§4.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§4.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§4.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§4.07 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 5 Republic of Korea
§5.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§5.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Non-justiciable Claims
[3] Forum Agreements in Favour of Foreign Courts
[4] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§5.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[1] A Comparison of the Rome Convention and Relevant Provisions of the Korean Private International Law
[2] Management of Affairs (negotiorum gestio), Unjust Enrichment, and Tort Claims
[3] Persons
[4] Legal Actions
[5] Real Rights (jura in re or rights in rem)
[6] Family
[7] Succession
[8] Bills, Notes, and Cheques
[9] Maritime Affairs
[10] Contractual Assignment of Claims and Assumption of Obligations
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§5.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§5.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§5.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§5.07 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 6 Macau
§6.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§6.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Forum Agreements in Favour of Foreign Courts
[3] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§6.03 APPLICABLE LAW
[A] Choice of Law
[B] Other Cases
[1] Personal Law
[2] Transactions (negócio jurídico)
[3] Obligations
[4] Property and Copyright
[5] Family Relationships and Cohabitation
[6] Succession
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§6.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[1] Service Abroad
[2] Service of Foreign Proceedings in Macau
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§6.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§6.06 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 7 Malaysia
§7.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§7.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[a] In Personam Jurisdiction
[b] In Rem Jurisdiction
[2] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[i] Rulers of the States of Malaysia
[ii] Foreign States
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Non-justiciable Claims
[3] Forum Agreements in Favour of Foreign Courts
[4] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§7.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§7.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§7.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§7.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§7.07 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 8 Mongolia
§8.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§8.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Non-justiciable Claims
[3] Forum Agreements in Favour of Foreign Courts
[4] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§8.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[1] Property Rights
[2] Form of Legal Transactions
[3] Legal Capacity
[4] Succession
[5] Family
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§8.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§8.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§8.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§8.07 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 9 Philippines
§9.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§9.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Submitted to Jurisdiction
[3] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Forum Agreements in Favour of Foreign Courts
[3] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§9.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
§9.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§9.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§9.06 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 10 Singapore
§10.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§10.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[a] In Personam Jurisdiction
[b] In Rem Jurisdiction
[c] Jurisdiction of the Singapore International Commercial Court
[2] Submitted to Jurisdiction
[a] Agreement
[b] Participation
[c] Deemed Submission
[3] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Other Immunities
[2] Non-justiciable Claims
[3] Forum Agreements in Favour of Foreign Courts
[4] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§10.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§10.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[1] Leave of Court
[a] Good Arguable Case
[b] Proper Case for Service
[c] Proper Case for Service: Forum Non Conveniens
[d] Formal Requirements
[2] Service Abroad
[a] Countries Where a Civil Procedure Convention Applies
[b] Countries Where No Civil Procedure Convention Applies
[c] Authorised by the Law of That Country for Service of Any Originating Process Issued by That Country
[d] Malaysia and Brunei Darussalam
[3] Substituted Service Abroad
[4] Specific Proceedings
[5] Service of Other Documents
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
[1] Mareva Injunction in Support of Foreign Judicial Processes
[2] Mareva Injunction in Support of Foreign Arbitral Processes
§10.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[1] In Personam Judgments
[a] Suing Afresh on the Underlying Cause of Action
[b] Enforcement and Recognition of Judgments
[i] Common Law Action
[ii] Enforcement by Registration
[iii] International Jurisdiction
[iv] Severability
[c] Defences under Private International Law
[2] Recognition of In Rem Judgments
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§10.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§10.07 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 11 Taiwan
§11.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§11.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Non-justiciable Claims
[3] Forum Agreements in Favour of Foreign Courts
[4] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§11.03 APPLICABLE LAW
[A] Choice of Law
[B] Other Cases
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§11.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§11.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§11.06 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 12 Thailand
§12.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§12.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Non-justiciable Claims
[3] Forum Agreements in Favour of Foreign Courts
[4] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§12.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[1] Formal Validity
[2] Negotiorum Gestio and Unjust Enrichment
[3] Torts
[4] Property
[5] Law of Nationality
[6] Succession
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§12.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§12.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§12.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§12.07 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 13 Timor-Leste (East-Timor)
§13.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§13.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[2] Submitted to Jurisdiction
[3] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Non-justiciable Claims
[3] Forum Agreements in Favour of Foreign Courts
[4] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§13.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[1] Personal Law
[2] Law Governing Legal Transactions
[3] Obligations
[4] Torts
[5] Rights In Rem
[6] Family Relations
[7] Successions
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§13.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statutes of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§13.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§13.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§13.07 TREATIES FOR JUDICIAL COOPERATION
CHAPTER 14 Vietnam
§14.01 CODIFICATION OF PRIVATE INTERNATIONAL LAW AND RELEVANCE OF CASE LAW
[A] Codification and Case Law
[B] Multilateral Conventions Providing Uniform Substantive Law and/or International Jurisdictional Rules
§14.02 JURISDICTION OF LOCAL COURTS IN FOREIGN-RELATED CASES
[A] Grounds for Jurisdiction
[1] General
[a] Maritime Activities
[b] Civil Aviation Activities
[2] Exclusive Jurisdiction
[B] Exclusion of Jurisdiction
[1] Immunity
[a] Sovereign Immunity
[b] Diplomatic and Consular Immunity
[c] Other Immunities
[2] Forum Agreements in Favour of Foreign Courts
[3] Arbitration Clause
[C] Non-exercise of Jurisdiction
[1] Forum Non Conveniens
[2] Lis alibi pendens
§14.03 APPLICABLE LAW
[A] Choice of Law
[1] Express Stipulation
[2] Implied Choice
[B] Other Cases
[1] Civil Subjects
[2] Property Rights
[3] Succession
[4] Contractual Obligations
[5] Maritime and Civil Aviation Activities
[6] Torts
[7] Unilateral Transactions
[C] Renvoi
[D] Mandatory Rules of the Forum and of Third States
[E] Proof of Foreign Law
[F] Evasion of the Law
§14.04 PROCEDURAL ISSUES
[A] Service of Summons and Judicial Orders Abroad
[B] Obtaining Evidence Abroad
[C] Restraint of Foreign Proceedings
[D] Proof of Foreign Public Documents
[E] Statute of Limitations
[F] Remedies and Damages
[G] Foreign Currency Obligations
[H] Restraining Removal of Assets and Securing Evidence in Favour of a Foreign Arbitration/Judicial Process
§14.05 RECOGNITION AND ENFORCEMENT OF FOREIGN DECISIONS
[A] Judicial Decisions: Requirements and Limitations
[B] Arbitral Awards (Including ICSID Awards): Requirements and Limitations
§14.06 RECOGNITION OF OTHER FOREIGN PUBLIC DOCUMENTS
§14.07 TREATIES FOR JUDICIAL COOPERATION
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