Conflict of Laws. Judgments. Recognition of Foreign Judgment Based on Ownership of Stock

1935 ◽  
Vol 48 (4) ◽  
pp. 680
Keyword(s):  
Conflict Of Laws ◽  
Foreign Judgment

Enforcement of Foreign Judgment in E-Commerce Consumer Contracts In Malaysia: Issues and Challenges

2015 ◽  
Vol 12 (2) ◽  
pp. 67
Author(s):  
Shazanah Sarwar Khan ◽  
SHEELA JAYABALAN
Keyword(s):  
Electronic Commerce ◽  
Consumer Protection ◽  
Convenient Method ◽  
Consumer Contract ◽  
Conflict Of Laws ◽  
Online Transactions ◽  
Goods And Services ◽  
Consumer Contracts ◽  
Foreign Judgment

Electronic commerce or e-commerce is gaining momentum in Malaysia. Consumers are finding transacting online to be a convenient method especially to buy goods and services. As online transactions involve transborder commerce, disputes are inevitable. As such the question of conflict of laws arises, one of which involves enforcement of foreign judgement. Even though there is a law regulating enforcement of foreign judgement in Malaysia, however it does not take into consideration consumer protection. Adapting doctrinal research, this article discusses issues and challenges arising in the enforcement of foreign judgement in e-commerce consumer contracts in Malaysia. Keywords: Enforcement of Foreign Judgement, Reciprocal Enforcement of Foreign Judgement Act 1958, Brussels I Regulation, E-Commerce Consumer Contract

Part VIII Conflict Of Laws, 33 Assignment and The Conflict of Laws

2018 ◽  
Author(s):  
Smith Marcus ◽  
Leslie Nico
Keyword(s):  
English Court ◽  
Choice Of Law ◽  
Conflict Of Laws ◽  
Foreign Law ◽  
Foreign Judgment

This chapter discusses the conflict of laws. Conflict of laws questions are typically analysed under three heads: jurisdiction; choice of law; and the enforcement of foreign judgments. Questions of jurisdiction refer to the rules that determine whether or not an English court will assume jurisdiction over a particular dispute. Choice of law questions arise where an English court (having jurisdiction to determine a dispute) is presented with a dispute, or issues arising out of a dispute, having a foreign law element; choice of law rules provide the mechanism for determining what law should apply to which issue. Meanwhile, issues relating to the enforcement of foreign judgments refer to the rules which determine when a foreign judgment is enforceable in an English court. Since no special issues of enforcement arise in the assignment context, this chapter focuses on questions of jurisdiction and choice of law.

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