Judicial enforcement of international debt obligations
著者
書誌事項
Judicial enforcement of international debt obligations
International Law Institute , Distributed by arrangement with University Press of America, c1987
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注記
Based on papers originally presented at a conference held Feb. 20-21, 1986 in New York, N.Y., sponsored by the International Law Institute
Includes bibliographical references
内容説明・目次
内容説明
This volume addresses the legal issues that are likely to be most significant in any judicial action to enforce a debt obligation. The first half of the book discusses procedural issues, including forum selection and governing law, serving process outside the forum, enforcement of judgements, and sovereign immunity. The second half of the book focuses on the defenses most likely to be raised by defendant debtors in a judicial action, such as the act-of-state doctrine, comity, and force majuere; defenses arising under the IMF Articles of Agreement; and defenses that arise under the debtor's own law. Throughout, the book's central focus is on American law, particularly New York law because many loan agreements stipulate that New York law is the governing law in the event of litigation.
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