Recognition and Enforcement of Foreign Judgments among ASEAN Countries

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Rungnapa Adisornmongkon

Abstract

The ASEAN Economic Community is the approach of free flow of trades and investments within ten countries. The ASEAN Agreements on this issue facilitate to enhance international trades and investments across ASEAN countries including a freedom of commercial contracts. More trades and investments stimulate to more contracts and commercial transactions; as a result, more lawsuits will be filed. Litigations will be proceeded in different state’s courts due to there is not any obstructions. A lawsuit can be filed if it is under jurisdiction rules of that state. Although the proceeding brought to a court; however, when a party who failed a lawsuit and has relocated to another country it would not enable to enforce the court decision in the country where the judgment was not be given. Consequently, the recognition and enforcement of foreign judgment is a questionable consideration. There are no unified rules among ASEAN countries on this subject. Despite the fact that all ASEAN members were signatories of the New York Convention which is the recognition and enforcement of arbitral awards that is not sufficient to the Economic Community. As for another one on the regional level such the European Union (EU), that has the Council Regulation on jurisdiction and the recognition and enforcement of judgments. It is undeniable that the recognition and enforcement of foreign judgments is a factor of the security on international trades and investments within the ASEAN region. Thus, it could be taken into account that whether the same unified rules as in the EU should have in the ASEAN. This article discussed the Brussels Regulation, the civil procedure code of countries in ASEAN, and concluded the subject matter that the ASEAN should issue some rules to recognise and enforce judgments of other member states.

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How to Cite
Adisornmongkon, R. . (2018). Recognition and Enforcement of Foreign Judgments among ASEAN Countries. MFU Connexion: Journal of Humanities and Social Sciences, 7(1), 210–232. Retrieved from https://so05.tci-thaijo.org/index.php/MFUconnexion/article/view/241255
Section
Research article

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