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Claims for Contribution and Reimbursement in an International Context - Conflict of Laws Dimensions of Third Party Procedure (Hardcover)
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Claims for Contribution and Reimbursement in an International Context - Conflict of Laws Dimensions of Third Party Procedure (Hardcover)
Series: Oxford Private International Law Series
Expected to ship within 12 - 17 working days
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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 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.
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