Koji Takahashi

Claims for Contribution and Reimbursement in an International Context

Conflict-Of-Laws Dimensions of Third Party Procedure

• Gebundenes Buch

Produktbeschreibung

* Where the party to two adjacent contracts in a chain transaction has an expectation that his liability under one contract will be covered back-to-back by his right of reimbursement under the other contract, to what extent is it possible to argue that the reimbursement claim is governed by the same law as the governing law of the original claim so as to ensure the correspondence of liability and the right of reimbursement? In addressing these issues, the lawyers must be able to unravel the complexity of the situation from which the claim for contribution or reimbursement arises - the complexity created by the involvement of at least three parties (the original claimant, the contribution claimant and the respondent to the contribution claim) and exacerbated by the international elements which may embrace multiple jurisdictions and legal systems. This book provides a valuable guide to this complex area for practitioners advising clients who wish to bring, or are being threatened with, a claim for contribution or reimbursement in an international context. Its scholarly approach will also stimulate academic interest.

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This book systematically examines claims for contribution and reimbursement in an international context. As such claims are often made in third party proceedings, particularly detailed analyses are given to the conflict-of-laws dimensions of third party procedure.

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Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.

Produktdetails

• Verlag: Hurst & Co.
• Seitenzahl: 352
• Erscheinungstermin: 16. November 2000
• Englisch
• Abmessung: 234mm x 156mm x 21mm
• Gewicht: 667g
• ISBN-13: 9780198268963
• ISBN-10: 0198268963
• Artikelnr.: 21622107

Inhaltsangabe

* General Editor's Preface
* Preface
* Table of Cases
* Table of Legislation
* Table of Conventions
* Glossary
* 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 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 reimbursement claim and the
original claim in a chain transaction under the Rome convention
* 13: The application of the same law to a reimbursement claim and the
original claim in a chain transaction outside the Rome convention
* Part V - Conclusion
* 14: Analytical Summary
* Index