Legal Execution in Accordance with Rulings of Foreign Courts among ASEAN Member Countries

Abstract

Presently, the ASEAN countries do not have any agreement on legal execution in accordance with the rulings of foreign courts, probably affecting confidence of both ASEAN investors and foreign investors in investment in the ASEAN countries, because of a lack of measures for facilitating and ensuring the judicial system and legal execution on properties of a debtor in a country where the judgment is passed that is required to levy upon the debtor's properties situated in another country. As such, to recognize force of foreign courts' rulings is of paramount importance. Therefore, a study and research must be conducted for offering approaches to reaching an agreement among the ASEAN countries, in order to actualize the legal execution of civil and commercial cases in accordance with foreign courts among the countries, and stipulate forms and mechanisms suitable for concluding an agreement on legal execution in accordance with the rulings of foreign courts in civil and commercial cases among the ASEAN countries, thereby mainly focusing on study of recognition and execution of foreign courts' rulings under a Common Law System and Civil Law System, recognition and execution of foreign courts' rulings among the ASEAN countries, and study of criteria concerning recognition and execution of foreign courts' rulings in civil and commercial cases among the European Union countries.