Thursday, April 13, 2023

Wilson Lui on The Need for Finality and Certainty in International Commercial Dispute Resolution (new book chapter)

"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.

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