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

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.