Claims for contribution and reimbursement in an international context : conflict-of-laws dimensions of third party procedure

PART I: INTRODUCTION

1. Definitions and Outline

PART II: GENERAL CONFLICT-OF-LAWS ISSUES PERTAINING TO CLAIMS FOR CONTRIBUTION

2. Jurisdictional Issues

3. Issues on the Choice of Governing Law

PART III: OBSTACLES TO RECOVERY ON A CONTRIBUTION CLAIM

4. The issues which may be determined inconsistently

5. The conclusive effect of decisions made in the foreign original action

6. Attractiveness of a third party procedure

7. Grounds of Jurisdiction over Third Party Proceedings

8. Obstruction to third party procedure

9. Obstruction to third party procedure caused by an arbitration agreement or a foreign jurisdiction agreement

PART IV: OBSTACLES TO BACK-TO-BACK REIMBURSEMENT IN A CHAIN TRANSACTION

10. Situations where an expectation for back-to-back reimbursement in a chain transaction may be defeated by the application of different laws to the reimbursement claim and to the original claim

11. Substantive law measures to prevent imbalance of liability and the right of reimbursement arising out of the application of different governing laws

12. The application of the same law to a contribution claim and the original claim in a chain transaction under the Rome convention

13. The application of the same law to a contribution claim and the original claim in a chain transaction outside the Rome convention

14. Conclusion

15. Analytical Summary