Hong Kong Private International Law

This book provides a clear and authoritative exposition of Hong Kong private international law on issues of jurisdiction, choice of law, recognition and enforcement, arbitration, and inter-regional and international harmonisation. It covers a wide range of areas of law including the law of obligations, the law of property, intellectual property law, family law, company law, insolvency law, bankruptcy law, competition law, criminal law, and admiralty law. It also contains detailed discussions of jurisdiction, arbitration, and dispute resolution clauses. The book focuses on the practical issues, but also considers theoretical insights and suggestions for law reform when appropriate. The emphasis is on the rapidly developing local jurisprudence over the recent years. Moreover, it systematically analyses the private international law issues arising out of cases between Hong Kong on the one hand and Mainland China, Taiwan, and Macao SAR on the other, with the enunciation of a set of Hong Kong private international law principles for inter-regional cases. This volume is a one-stop reference guide to Hong Kong private international law and will be indispensable to judges, practitioners and scholars in Hong Kong, the Greater China, Asia, and worldwide.>

Auteur
Wilson Lui is part-time Lecturer at the Faculty of Law of the University of Hong Kong. Anselmo Reyes is International Judge of the Singapore International Commercial Court.

Texte du rabat

This book is a one-stop reference guide to Hong Kong private international law. It provides a clear and authoritative exposition on issues of jurisdiction, choice of law, recognition and enforcement, arbitration, and inter-regional and international harmonisation in Hong Kong private international law. It covers a wide range of areas of law and their relationships with questions of private international law, including the law of obligations, the law of property, intellectual property law, family law, company law, insolvency law, bankruptcy law, competition law, and admiralty law. It also contains a detailed discussion of jurisdiction, arbitration, dispute resolution, and choice of law clauses.

The book focuses on the practical issues, with an emphasis on the rapidly developing local jurisprudence over the recent years. It also considers theoretical insights and suggestions for law reform when appropriate. Moreover, it systematically analyses the private international law issues arising out of inter-regional cases between Hong Kong on the one hand and Mainland China, Taiwan, and Macao on the other.

The book will be indispensable to judges, practitioners, scholars, and students in Hong Kong, the Greater China, Asia, and worldwide.

Résumé
This book is a one-stop reference to Hong Kong private international law. It provides clear expositions on questions of jurisdiction, choice of law, recognition and enforcement, transnational arbitration, and inter-regional and international harmonisation of Hong Kong conflict of laws. It covers a range of areas, including the law of obligations at common law and in equity, the law of real and personal property, intellectual property law, family law, company law, insolvency and bankruptcy law, competition law, and admiralty law. It includes discussions of cross-border dispute resolution, jurisdiction and choice of law clauses. The book focuses on the practical issues, emphasising the rapidly developing local jurisprudence of recent years. It also offers theoretical insights and suggestions for law reform when appropriate. Moreover, it systematically analyses conflict of laws issues arising out of inter-regional cases between Hong Kong on the one hand and Mainland China, Taiwan, and Macao on the other. The book will be indispensable to judges, practitioners, scholars, and students in Hong Kong, Greater China, Asia, and worldwide.

Contenu
Part I: Introduction 1. The Subject Matter of Private International Law 2. History and Sources of Private International Law in Hong Kong 3. Preliminary Matters 4. Connecting Factors 5. Substance and Procedure 6. Foreign Law 7. Evidence 8. Mandatory Rules, Public Policy, Public Laws, Acts of State, and the Evasion of Law Part II: Jurisdiction 9. Jurisdiction in personam 10. Special Rules for Jurisdiction in personam 11. Jurisdiction in Shipping Claims 12. Immunities from Jurisdiction 13. Jurisdiction and Dispute Resolution Agreements Part III: Choice of Law 14. Choice of Law Agreements 15. Law of Obligations 16. Law of Trusts and Equitable Obligations 17. Law of Property 18. Intellectual Property Law 19. Family Law 20. Law of Corporations and Insolvency 21. Law of Bankruptcy 22. Competition Law Part IV: Recognition and Enforcement 23. Recognition and Enforcement Part V: Arbitration 24. International Commercial Arbitration in Hong Kong Part VI: Harmonisation 25. Private International Law Issues and Mutual Legal Assistance between Hong Kong and Other Inter-Regional Jurisdictions 26. Hong Kong and International Organisations 27. The Future of Private International Law in Hong Kong