Claims for Contribution and Reimbursement in an International Context: Conflict of Laws Dimensions…

Hardcover | July 1, 2000

byKoji Takahashi

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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. The issues consideredinclude: * Which courts have jurisdiction over a contribution claim? * What choice-of-law rules apply where contribution is sought under the English Civil Liability (Contribution) Act 1978 or by way of subrogation? * What procedural requirements and jurisdictional requirements have to be satisfied to bring a contribution claim in third party proceedings? * Can a contribution claim be brought in third party proceedings if there is an arbitration agreement or a foreign jurisdiction agreement between the defendant and the third party? * Is it possible to obtain an antisuit injunction to restrain foreign proceedings corresponding to the domestic proceedings which form part of third party procedure? * 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 samelaw 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 tothe 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 orreimbursement 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. The issues consideredinclude: * Which courts have jurisdiction over a co...

Koji Takahashi is at University of Southampton.

other books by Koji Takahashi

Format:HardcoverPublished:July 1, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268963

ISBN - 13:9780198268963

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Table of Contents

General Editor's PrefacePrefaceTable of CasesTable of LegislationTable of ConventionsGlossaryPart I - Introduction1. Definitions and OutlinePart II - General Conflict-of-Laws Issues Pertaining to Claims for Contribution2. Jurisdictional Issues3. Issues on the Choice of Governing LawPart III - Obstacles to Recovery on a contribution claim4. The issues which may be determined inconsistently5. The conclusive effect of decisions made in the foreign original action6. Attractiveness of third party procedure7. Grounds of Jurisdiction over Third Party Proceedings8. Obstruction to third party procedure9. Obstruction to third party procedure caused by an arbitration agreement or a foreign jurisdiction agreementPart IV - Obstacles to back-to-back reimbursement in a chain transaction10. 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 claim11. Substantive law measures to prevent imbalance of liability and the right of reimbursement arising out of the application of different governing laws12. The application of the same law to a reimbursement claim and the original claim in a chain transaction under the Rome convention13. The application of the same law to a reimbursement claim and the original claim in a chain transaction outside the Rome conventionPart V - Conclusion14. Analytical SummaryIndex

Editorial Reviews

`Most usefully the final chapter is devoted to a summary of the main arguments and will doubtless be a port of call for the indolent student who lacks the will or stamina to read the main text. ... Mr Takahashi is to be congratulated on producing a stimulating discussion on the nature ofthird-party proceedings. Any lawyer engaged in an international dispute involving a third party is likely to benefit by reading this book; for those who wish to research further the detailed footnotes draw attention to other relevant academic literature. ... the volume is handsomely produced witha detailed index. This new series of volumes on private international law fills a distinct gap in the market and this particular text forms a valuable addition to an imaginative and increasingly important series.'Law Update 2001