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Claims for Contribution and Reimbursement in an International Context

Koji Takahashi

ISBN13: 9780198268963
ISBN: 0198268963
Published: October 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £162.50



This is a Print On Demand Title.

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

Series: Oxford Private International Law

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ISBN 9780192594822
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ISBN 9780192889850
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The 2019 Hague Judgments Convention
Ronald Brand, Michael Coffee, Paul Herrup
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Trevor Hartley
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Oxford University Press
£182.50
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ISBN 9780198868040
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ISBN 9780192638359
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Oxford University Press
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ISBN 9780192574596
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Oxford University Press
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Employment Contracts In Private International Law 2nd ed
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Published April 2022
Oxford University Press
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ISBN 9780192604156
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Choice of Law in International Commercial Contracts (eBook)
Edited by: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
ISBN 9780192576415
Published March 2021
Oxford University Press
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Choice of Law in International Commercial Contracts
Edited by: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
ISBN 9780198840107
Published March 2021
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£280.00
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Oxford University Press
£147.50
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Tobias Lutzi
ISBN 9780192634559
Published July 2020
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Private International Law Online: Internet Regulation and Civil Liability in the EU
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Published July 2020
Oxford University Press
£127.50 - Unavailable at Publisher
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Oxford University Press
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ISBN 9780192534057
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Oxford University Press
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ISBN 9780191067792
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ISBN 9780198787440
Published January 2017
Oxford University Press
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ISBN 9780191091339
Published January 2017
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Oxford University Press
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ISBN 9780199698042
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Oxford University Press
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ISBN 9780191638138
Published March 2012
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ISBN 9780191629365
Published March 2012
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ISBN 9780191632075
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Oxford University Press
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ISBN 9780199581191
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£237.50
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Oxford University Press
£395.00
Cover of The Rome II Regulation: The Law Applicable to Non-Contractual Obligations: Updating Supplement
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ISBN 9780199588466
Published June 2010
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£112.50
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ISBN 9780199276547
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Oxford University Press
£250.00
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£405.00
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ISBN 9780199228577
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Oxford University Press
£170.00
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ISBN 9780199202454
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Oxford University Press
Out of print
Cover of Insolvency in Private International Law 2nd ed with 1st Supplement
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ISBN 9780199214952
Published March 2007
Oxford University Press
£395.00 - Unavailable at Publisher
Cover of Insolvency in Private International Law: 1st Supplement to 2nd ed
Insolvency in Private International Law: 1st Supplement to 2nd ed
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ISBN 9780199288731
Published March 2007
Oxford University Press
£49.99
Cover of The Transfer of Property in the Conflict of Laws
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ISBN 9780199271474
Published October 2005
Oxford University Press
£207.50
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ISBN 9780199244690
Published January 2005
Oxford University Press
£467.50
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ISBN 9780199274925
Published September 2004
Oxford University Press
£242.50
Cover of Procedural Law in International Arbitration
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ISBN 9780199249480
Published March 2004
Oxford University Press
£242.50
Cover of Foreign Law in Civil Litigation: A Comparative and Functional Analysis
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ISBN 9780199264766
Published January 2004
Oxford University Press
£285.00
Cover of Forum Shopping and Venue in Transnational Litigation
Forum Shopping and Venue in Transnational Litigation
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ISBN 9780199248186
Published June 2003
Oxford University Press
£227.50
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ISBN 9780199256136
Published March 2003
Oxford University Press
£252.50
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ISBN 9780199249695
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Oxford University Press
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Published March 2002
Oxford University Press
£202.50
Cover of Corporations in Private International Law
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ISBN 9780198299257
Published March 2002
Oxford University Press
£240.00
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Enforcement of Judgments in Europe
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Oxford University Press
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Cover of The Hague Convention on International Child Abduction
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Oxford University Press
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Autonomy in International Contracts
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Oxford University Press
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Cover of Foreign Law in English Courts: Pleading, Proof and Choice of Law
Foreign Law in English Courts: Pleading, Proof and Choice of Law
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ISBN 9780198258780
Published June 1998
Oxford University Press
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Cover of Declining Jurisdiction in Private International Law
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Edited by: James J. Fawcett
ISBN 9780198259596
Published August 1995
Oxford University Press
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