Claims for Contribution and Reimbursement in an International Context: Conflict-of-laws Dimensions of Third Party Procedure

Front Cover
Oxford University Press, 2000 - Language Arts & Disciplines - 305 pages
A contribution claim arises from a complex situation involving at least three parties (the original claimant, the contribution claimant and the respondent to the contribution claim). If the situation contains international elements, the complexity is exacerbated by the involvement of multiple jurisdictions and legal systems. This book provides a valuable guide to this complex area of law for practitioners advising clients who wish to bring, or are being threatened with, a claim for contribution or reimbursement in an international context.
 

Contents

DEFINITIONS AND OUTLINE
3
Definitions and outline
5
Obstruction to third party procedure caused
6
Jurisdictional issues pertaining to claims
23
Article 53place where the harmful event
29
Concurrent claims for contribution
35
Issues on the choice of governing law of claims
47
Characterization of a claim for contribution from
50
Grounds of jurisdiction over third party proceedings
139
Obstruction to third party procedure caused
167
Whether an English court can prevent foreign third
179
Recapitulation
192
OBSTACLES TO BACKTOBACK REIMBURSEMENT
217
Recourse claim in a bill of exchange transaction
223
Substantive law measures to prevent imbalance
231
The application of the same law to a reimbursement
239

VI
66
Subrogation outside the scope of Article 13
80
OBSTACLES TO RECOVERY ON A CONTRIBUTION
87
in which inconsistent determinations arise
91
The conclusive effect against the defendant to
99
Attractiveness of third party procedure for the parties
127
Analytical summary
273
94
278
Obstacles to backtoback reimbursement in
287
Epilogue from historical perspectives
293
Index
301
Copyright

Common terms and phrases

About the author (2000)

Koji Takahashi is at University of Southampton.

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