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Cross Border Judgments
Thursday 24 August 2017
Paper and Recording
Length: 1 hour 30 minutes
Recorded on 24 August 2017
Australian Enforcement of Foreign Judgments and Arbitral Awards
Barrister-at-Law, 7 Wentworth Selborne Chambers
Adjunct Senior Lecturer in Law, University of Sydney
Mr. Hogan-Doran’s paper and presentation will address Australian approaches to registration and enforcement of foreign judgments on a reciprocal basis under the Foreign Judgments Act and at common law, and enforcement of awards in international commercial arbitration under the International Arbitration Act the legal and policy influences and factors for such reciprocal recognition, and consider the common law principles and processes in enforcement of foreign judgments that are not subject to the Act. The paper and presentation will also consider the commercial and practical implications in deciding where to sue an Australian defendant.
Enforcement of Australian Money Judgments in Selected Overseas Jurisdictions
Dr. Ricky J. Lee
Partner, Globalex Tax + Legal
Adjunct Professor of Law, University of Notre Dame Australia
Dr. Lee’s paper and presentation will address the recognition and enforcement of Australian monetary judgments in foreign courts, focusing principally on the different civil law and common law approaches in Canada, England, Germany, Switzerland, and the United States, with the benefit of a number of case studies. The paper and presentation will focus on the legal principles underlying such recognition, as well as their practical implications on prospective Australian litigants.
Enforcement of Foreign Judgments and Arbitral Awards in Greater China and their Commercial Implications
Dr. Jeanne Huang
Senior Lecturer in Law, University of New South Wales
Mainland China has a dual system for recognition and enforcement of foreign judgments and so-called “sister-region judgments”. Dr. Huang’s paper and presentation will first address the recognition and enforcement of foreign monetary judgments in Mainland China by focusing on the reciprocity issue; and second, it will discuss how Mainland China recognises and enforces monetary judgments rendered by courts in Hong Kong, Macao, and Taiwan, being the so-called sister-region judgments.
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