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Direct Jurisdiction

Asian Perspectives

Editor(s): Anselmo Reyes, Wilson Lui
Media of Direct Jurisdiction
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Published: 12-08-2021
Format: Hardback
Edition: 1st
Extent: 416
ISBN: 9781509936427
Imprint: Hart Publishing
Series: Studies in Private International Law - Asia
Dimensions: 244 x 169 mm
RRP: £130.00
Online price : £117.00
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Loren Epson

About Direct Jurisdiction

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.

Table Of Contents

1. Introduction
Wilson Lui (Independent Researcher) and Anselmo Reyes (Singapore International Commercial Court; Doshisha University, Japan)

2. China
Zhengyi Zhang (Shanghai University of Political Science and Law, China) and Jianping Shi (Shanghai University of Political Science and Law, China)

3. Hong Kong
James YP Wong (Dentons Hong Kong LLP)

4. Taiwan
Fuldien Li (Chinese Culture University, Taiwan) and Rong-Chwan Chen (National Taipei University, Taiwan)

5. Japan
Kazuaki Nishioka (University of Zurich, Switzerland)

6. South Korea
Sungjae Chun (Jipyong LLC, South Korea)

7. Singapore
Wilson Lui (Independent Researcher)

8. Malaysia
Nitin V Nadkarni (Lee Hishammuddin Allen & Gledhill, Malaysia) and Wai Fung Teh (Lee Hishammuddin Allen & Gledhill, Malaysia)

9. Vietnam
Nguyen Thi Hong Trinh (Hue University, Vietnam), Ho Minh Thanh (Hue University, Vietnam) and Hoang Thao Anh (Hue University, Vietnam)

10. Cambodia
Nobumichi Teramura (Bun & Associates, Cambodia; University of Sydney, Australia)

11. Myanmar
Zaw Thura (Union of Myanmar)

12. The Philippines
Arvin Kristopher A Razon (De La Salle University, Philippines), Jocelyn P Cruz (De La Salle University, Philippines) and Justin DJ Sucgang (De La Salle University, Philippines)

13. Indonesia
Afifah Kusumadara (Brawijaya University, Indonesia)

14. Thailand
Akawat Laowonsiri (Thammasat University, Thailand)

15. Sri Lanka
Ramesh Fernando (Chambers of Mr Geoffrey Alagaratnam PC, Sri Lanka)

16. India
Sai Ramani Garimella (South Asian University, India; University of Johannesburg, South Africa)

17. Conclusion
Anselmo Reyes (Singapore International Commercial Court; Doshisha University, Japan) and Wilson Lui (Independent Researcher)

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