Direct Jurisdiction: Asian Perspectives (Studies in Private International Law - Asia)

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. Volume 4 in the series Studies in Private International Law – Asia Series Editor's Preface Acknowledgements Contents List of Contributors List of Cases List of Statutes and Instruments 1. Introduction I. Purpose II. Scope III. Assuming Jurisdiction IV. Declining Jurisdiction V. Grounds of Direct Jurisdiction in Asia 2. China I. Introduction II. Background III. Jurisdiction under CPL IV. Jurisdiction under the Special Maritime Procedure Law (SMPL) V. Special Rules for Different Types of Claims VI. Immunities from Jurisdiction VII. Future VIII. Conclusion 3. Hong Kong I. Overview II. General principles on jurisdiction III. Establishing Jurisdiction in Specific Claims IV. Action in rem and shipping claims V. Immunities from jurisdiction VI. Conclusion 4. Taiwan I. Introduction II. Jurisdiction in personam III. Jurisdiction in rem with Special Focus on Shipping Claims IV. Immunities from jurisdiction 5. Japan I. Introduction II. General Principles and Framework for Jurisdiction III. Service of process IV. Civil and Commercial Matters V. Family and Personal Status Matters VI. Specific issues VII. Immunities from jurisdiction 6. South Korea I. Introduction II. General Principles III. Jurisdictional Provisions under the Civil Procedure Act IV. Jurisdiction in rem and the process of ship arrest V. Service VI. Immunities VII. Anti-suit and anti-arbitration injunctions 7. Singapore I. Introduction II. Jurisdiction in personam III. Jurisdiction in rem IV. Immunities from Jurisdiction V. Conclusion 8. Malaysia I. Introduction II. Jurisdiction in personam – general principles III. Jurisdiction in personam – Specific Cases IV. Jurisdiction in rem with Special Focus on Shipping Claims V. Immunities from jurisdiction 9. Vietnam I. Introduction II. Jurisdiction – General Principles III. Jurisdiction in personam – Specific Cases IV. Jurisdiction in rem with Special Focus on Shipping Claims V. Immunities from Jurisdiction 10. Cambodia I. Introduction II. Jurisdiction in personam III. Jurisdiction in rem with Special Focus on Shipping Claims IV. Immunities from Jurisdiction V. Conclusion 11. Myanmar I. Introduction II. General Rules of Jurisdiction III. Specific Cases IV. Conclusion 12. Philippines I. Introduction II. Jurisdiction in personam III. Jurisdiction in rem IV. Immunities from Jurisdiction 13. Indonesia I. Jurisdiction in personam II. Jurisdiction in rem with Special Focus on Shipping Claims III. Immunities from Jurisdiction 14. Thailand I. Introduction II. Sources of Direct Jurisdiction Rules, Norms and Practices III. Grounds for Assuming and Declining Jurisdiction IV. Immunities from Jurisdiction 15. Sri Lanka I. Introduction II. Jurisdiction in personam III. Special Rules for Establishing Jurisdiction IV. Jurisdiction in rem V. Immunities from Jurisdiction VI. Proposed Colombo International Financial City VII. Conclusion 16. India I. Introduction II. Jurisdiction in personam III. Jurisdiction in rem IV. Immunities from Jurisdiction V. Conclusion 17. Conclusion I. Introduction II. An International Convention on Direct Jurisdiction? III. A Glimpse into the Future IV. Direct Jurisdiction as Balancing Bibliography Index "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"-- Provided by publisher "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" (4e de couverture) Introduction / Wilson Lui and Anselmo Reyes -- China / Zhengyi Zhang, Jianping Shi -- Hong Kong / James Y P Wong -- Taiwan / Fuldien Li and Rong-Chwan Chen -- Japan / Kazuaki Nishioka -- South Korea / Sungjae Chun -- Singapore / Wilson Lui -- Malaysia / Nitin V Nadkarni and Wai Fung Teh -- Vietnam / Nguyen Thi Hong Trinh, Ho Minh Thanh and Hoang Thao Anh -- Cambodia / Nobumichi Teramura -- Myanmar / Zaw Thura -- Philippines / Arvin Kristopher A Razon, Jocelyn P Cruz and Justin DJ Sucgang -- Indonesia / Afifah Kusumadara -- Thailand / Akawat Laowonsiri -- Sri Lanka / Ramesh Fernando -- India / Sai Ramani Garimella -- Conclusion / Anselmo Reyes and Wilson Lui