Cross-border enforcement of gambling contracts: a comparative study
by Zheng Sophia Tang
International Journal of Private Law (IJPL), Vol. 7, No. 1, 2014

Abstract: Transnational gambling activities face the conflict of different substantive laws and regulations in different countries and generate conflict of laws questions about the enforcement of gambling contracts. This article conducts a comparative study of the enforcement of foreign gambling contracts in Mainland China, Hong Kong, Canada, France, Singapore, and some states of the USA. It concludes that the current practice in most countries will not use fundamental public policy to refuse the enforcement of gambling contracts, which are legal and enforceable at the place where the contracts are performed, regardless of their domestic law. Refusing the enforcement of all gambling debts incurred abroad incur more difficulties and social problems, which are demonstrated by the current situation between Mainland China and Macau. The specific characteristics of gambling industry determine that this issue is best left for each domestic court to decide by using its own discretion.

Online publication date: Sat, 13-Sep-2014

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Private Law (IJPL):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com