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Article: Inconsistent foreign judgments on exclusivity of jurisdiction: Comity and judicial deference
Title | Inconsistent foreign judgments on exclusivity of jurisdiction: Comity and judicial deference |
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Authors | |
Issue Date | 2017 |
Publisher | Lawtext Publishing Ltd. The Journal's web site is located at http://www.lawtext.com/lawtextweb/default.jsp?PageID=2&PublicationID=3 |
Citation | The Journal of International Maritime Law, 2017, v. 23 n. 2, p. 91-95 How to Cite? |
Abstract | A domestic common law court is faced with an application to enforce a judgment issued by foreign court X. However, the judgment issued by court X is apparently inconsistent with another judgment previously rendered by foreign court Y. In addition, the action of court X in issuing the judgment may involve a breach of comity towards court Y. What should the domestic enforcing court do? What factors should the enforcing court consider when deciding whether the enforcement of the judgment rendered by court X is contrary to public policy on grounds of comity? In Compania Sud Americana De Vapores SA v Hin-Pro International Logistics Ltd, Lord Phillips of Worth Matravers sitting in the Hong Kong Court of Final Appeal articulated important principles and guidelines in these areas of private international law and the doctrine of comity. He identified the key factors the enforcing court should consider when evaluating whether the enforcement of a judgment rendered by foreign court X is contrary to public policy on grounds of comity, and whether the judgment of court X is in conflict with another judgment previously issued by foreign court Y on the same issue. Several aspects of Lord Phillips’ reasoning warrant further discussion and elucidation. |
Description | Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd. [2016] HKCFA 79 (Hong Kong Court of Final Appeal) |
Persistent Identifier | http://hdl.handle.net/10722/243232 |
ISSN |
DC Field | Value | Language |
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dc.contributor.author | Chan, FWH | - |
dc.date.accessioned | 2017-08-25T02:51:58Z | - |
dc.date.available | 2017-08-25T02:51:58Z | - |
dc.date.issued | 2017 | - |
dc.identifier.citation | The Journal of International Maritime Law, 2017, v. 23 n. 2, p. 91-95 | - |
dc.identifier.issn | 1478-8586 | - |
dc.identifier.uri | http://hdl.handle.net/10722/243232 | - |
dc.description | Compania Sud Americana de Vapores SA v Hin-Pro International Logistics Ltd. [2016] HKCFA 79 (Hong Kong Court of Final Appeal) | - |
dc.description.abstract | A domestic common law court is faced with an application to enforce a judgment issued by foreign court X. However, the judgment issued by court X is apparently inconsistent with another judgment previously rendered by foreign court Y. In addition, the action of court X in issuing the judgment may involve a breach of comity towards court Y. What should the domestic enforcing court do? What factors should the enforcing court consider when deciding whether the enforcement of the judgment rendered by court X is contrary to public policy on grounds of comity? In Compania Sud Americana De Vapores SA v Hin-Pro International Logistics Ltd, Lord Phillips of Worth Matravers sitting in the Hong Kong Court of Final Appeal articulated important principles and guidelines in these areas of private international law and the doctrine of comity. He identified the key factors the enforcing court should consider when evaluating whether the enforcement of a judgment rendered by foreign court X is contrary to public policy on grounds of comity, and whether the judgment of court X is in conflict with another judgment previously issued by foreign court Y on the same issue. Several aspects of Lord Phillips’ reasoning warrant further discussion and elucidation. | - |
dc.language | eng | - |
dc.publisher | Lawtext Publishing Ltd. The Journal's web site is located at http://www.lawtext.com/lawtextweb/default.jsp?PageID=2&PublicationID=3 | - |
dc.relation.ispartof | The Journal of International Maritime Law | - |
dc.rights | This is the author-produced PDF of an article, accepted for publication in Journal of International Maritime Law, following peer review. The Version of Record: Felix W.H. Chan, Inconsistent Foreign Judgments on Exclusivity of Jurisdiction: Comity and Judicial Deference is available in The Journal of International Maritime Law, 2017, v. 23 n. 2, p. 91-95. Licensed under CC BY-NC-ND 3.0. | - |
dc.title | Inconsistent foreign judgments on exclusivity of jurisdiction: Comity and judicial deference | - |
dc.type | Article | - |
dc.identifier.email | Chan, FWH: fwhchan@hku.hk | - |
dc.identifier.authority | Chan, FWH=rp01280 | - |
dc.description.nature | postprint | - |
dc.identifier.hkuros | 274247 | - |
dc.identifier.volume | 23 | - |
dc.identifier.issue | 2 | - |
dc.identifier.spage | 91 | - |
dc.identifier.epage | 95 | - |
dc.publisher.place | United Kingdom | - |
dc.identifier.issnl | 1478-8586 | - |