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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Claims for Contribution and Reimbursement in an International Context


ISBN13: 9780198268963
ISBN: 0198268963
Published: October 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £117.50



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Subjects:
Conflict of Laws
Contents:
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

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