Overview
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 considered include: * 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 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.
Full Product Details
Author: Koji Takahashi (Lecturer, Lecturer, University of Birmingham)
Publisher: Oxford University Press
Imprint: Oxford University Press
Dimensions:
Width: 16.10cm
, Height: 2.40cm
, Length: 24.10cm
Weight: 0.635kg
ISBN: 9780198268963
ISBN 10: 0198268963
Pages: 352
Publication Date: 10 August 2000
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: Manufactured on demand
We will order this item for you from a manufactured on demand supplier.
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 of third-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 with a 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
