Claims for Contribution and Reimbursement in an International Context: Conflict-of-laws Dimensions of Third Party ProcedureA 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 |
Common terms and phrases
adjacent contracts antisuit injunction applied Arab Monetary Fund arising Article 21 Article 5(1 Article 6(2 bank breach bringing third party bution carrier Chapter choice-of-law rules Civil Liability Contribution claim contribution claim for contribution claim is brought conclusive effect Conflict of Laws contractual claim contri contribution action contribution claim contribution claimant court first seised damage decisions decline jurisdiction defendant determined Dicey and Morris domiciled England English court English law European Court foreign proceedings forum non conveniens governing law held indemnity insurer issues jurisdiction agreement jurisdiction over third law governing legal basis lex fori litis denunciatio Lloyd's Rep Lugano Convention non-contractual non-party obstruction Order 11 original action original claim original claimant original proceedings person plaintiff procedural rules provides real connection reinsurance contract restitutionary claim Rome Convention Scottish Law Commission seek contribution subrogation third party claim third party procedure third party proceedings tion tort tortfeasor unjust enrichment
References to this book
The Hague Trusts Convention: Scope, Application and Preliminary Issues Jonathan Harris No preview available - 2002 |