Remedies Concerning Enforcement of Foreign Judgements
Remedies Concerning Enforcement of Foreign Judgements

Author: Vesna Rijavec

Publisher: Kluwer Law International B.V.

Published: 2018-09-14

Total Pages: 472

ISBN-13: 9041194177

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Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following: – grounds for refusal of recognition and enforcement; – certi?cation of enforceability and timely service of the certi?cate; – adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; – effect of requesting a translation of the judgment; – ?nancial implications of remedies; and – provisional measures and their role in a timely protection of rights. Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.

In the Almost Promised Land
In the Almost Promised Land

Author: Hasia R. Diner

Publisher: JHU Press

Published: 1995-10

Total Pages: 404

ISBN-13: 9780801850653

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Seeking the reasons behind Jewish altruism toward African Americans, Hasis Finer shows how-in the wake of the Leo Frank trial and lynching in Atlanta-Jews came to see that their relative prosperity wa sno protection against the same social forces that threatened blacks. Jewish leaders and organizations genuinely believed in the cause of black civil rights, Diner suggests, but they also used that cause as a way of advancing their own interests-launching a vicarious attack on the nation that they felt had not lived up to its own ideals of freedom and equality.

Dispute Resolution in Austria
Dispute Resolution in Austria

Author: Manfred Heider

Publisher: Kluwer Law International B.V.

Published: 2015-10-16

Total Pages: 242

ISBN-13: 9041158448

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This very useful book arms litigation and arbitration practitioners and in-house counsel with a detailed description of the Austrian procedural law governing proceedings before both Austrian domestic courts and arbitral tribunals seated in Austria. Divided equally between arbitration and litigation, with a concluding chapter on the role of relevant international conventions and treaties, the book provides a practical approach to users of the Austrian law on dispute resolution. While it includes detailed references and examples of the jurisprudence of Austrian courts and the opinions of Austrian academics, its great value lies in the straightforward answers it provides foreign lawyers to questions that arise during proceedings in Austria. Issues and topics covered include the following: • the rules governing arbitration agreements and arbitrability; • the taking of evidence in arbitration; • interim measures; • costs; • recognition and enforcement of arbitral awards; • court structure and jurisdiction of Austrian courts; • the evidentiary proceedings before Austrian courts; and • European Civil Procedure• This is the first detailed English-language portrayal of the Austrian legal situation à propos dispute resolution. It allows practitioners to quickly grasp an overview of the Austrian practice in both arbitration and litigation while simultaneously ensuring the required depth to fully understand the legal background of this practice.

European judicial systems - CEPEJ Evaluation Report 2020
European judicial systems - CEPEJ Evaluation Report 2020

Author: Council of Europe

Publisher: Council of Europe

Published: 2020-10-22

Total Pages: 138

ISBN-13: 9287187657

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Accessing the information needed to understand, analyse and reform judicial systems is the aim of this report. This latest edition of the report by the European Commission for the Efficiency of Justice (CEPEJ), which evaluates the functioning of judicial systems of 45 Council of Europe member states as well as three observer states to the CEPEJ, Israel, Morocco and for the first time Kazakhstan, continues the process carried out since 2002, focusing the content of the report on the analysis of European trends. In addition, the CEPEJ has also developed, for the first time, country profiles which present in a synthetic way the main data and indicators developed by the CEPEJ for each participating state. All the quantitative and qualitative data collected from the CEPEJ national correspondents as well as the accompanying comments are also available on the CEPEJ-STAT dynamic database (https://www.coe.int/en/web/cepej/dynamicdatabase-of-european-judicial-systems ). Relying on a methodology which is already a reference for collecting and processing large number of quantitative and qualitative judicial data, this unique study has been conceived above all as a tool for public policy aimed at improving the efficiency and quality of justice. The objective of the CEPEJ in preparing this report is to enable policy makers, justice practitioners, researchers as well as those who are interested in the functioning of justice in Europe and beyond, to have access to the information needed to be able to understand, analyse and reform.

European judicial systems - Edition 2014 (2012 data) - Efficiency and quality of justice
European judicial systems - Edition 2014 (2012 data) - Efficiency and quality of justice

Author: Council of Europe

Publisher: Council of Europe

Published: 2015-05-22

Total Pages: 793

ISBN-13: 9287180660

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The new Edition of the report of the European Commission for the Efficiency of Justice (CEPEJ), which evaluates the functioning of the judicial systems in 45 Council of Europe’s member states and an observer state to the CEPEJ, Israël, remains in line with the process carried out since 2002. Relying on a methodology which is already a reference for collecting and processing a wide number of quantitative and qualitative judicial data, this unique study has been conceived above all as a tool for public policy aimed at improving the efficiency and the quality of justice. To have the knowledge in order to be able to understand, analyse and reform, such is the objective of the CEPEJ which has prepared this report, intended for policy makers, legal practitioners, researchers as well as for those who are interested in the functioning of justice in Europe.