"The Need for Finality and
Certainty in International Commercial Dispute Resolution"
Wilson Lui (Pre-Doctoral Fellow)
in Sundaresh Menon and Anselmo
Reyes (eds), Transnational
Commercial Disputes in an Age of Anti-Globalism and Pandemic (Hart Publishing: 2023),
Chapter 7, pp 183–208
Abstract: This chapter considers the
notions of finality and certainty in international commercial dispute
resolution, including their interactions with party autonomy, comity, and
sovereignty. It looks at the different approaches to manage concurrent
proceedings and to recognise and enforce judgments and awards, as well as the considerations
of due process and public policy. It discusses how the Hague Conference on
Private International Law, in particular the 2005 and 2019 HCCH Conventions, may
promote finality and certainty by attempting to harmonise these different
approaches. Lastly, it examines some of the effects and developments that the
COVID-19 pandemic has brought to the landscape of international commercial
dispute resolution.
Follow the research activities and scholarship of the Faculty of Law, The University of Hong Kong
Thursday, April 13, 2023
Wilson Lui on The Need for Finality and Certainty in International Commercial Dispute Resolution (new book chapter)
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