The second thematic volume in the series Studies in Private
International Law - Asia looks into direct jurisdiction, that is, the
situations in which the courts of 15 key Asian states (Mainland China,
Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand,
Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and
India) are prepared to hear a case involving cross-border elements. For
instance, where parties are habitually resident abroad and a dispute has
only some, little or no connection with an Asian state, will the courts
of that state accept jurisdiction and hear the case and (if so) on what
conditions? More specifically, the book's chapters explore the
circumstances in which different Asian states assume or decline
jurisdiction not just in commercial matters, but also in other types of
action (such as family, consumer and employment disputes).
The Introduction defines terminology and identifies similarities in the
approaches to direct jurisdiction taken by the 15 Asian states in civil
and commercial litigation. Taking its cue from this, the Conclusion
assesses whether there should be a multilateral convention or soft law
instrument articulating principles of direct jurisdiction for Asia. The
Conclusion also discusses possible trajectories that Asian states may be
taking in respect of direct jurisdiction in light of the COVID-19
pandemic and the political tensions currently besetting the world. The
book suggests that enacting suitable rules of direct jurisdiction
requires an Asian state to strike a delicate balance between affording
certainty and protecting its nationals. At heart, direct jurisdiction
involves sometimes difficult policy considerations and is not just about
drawing up lists of jurisdictional grounds and exceptions to them.
