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Vol 25 No 2 Feb/March 2020

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Finality in Litigation: The Law and Practice of Preclusion: Res Judicata (Merger and Estoppel), Abuse of Process and Recognition of Foreign Judgments

ISBN13: 9789041183422
Published: July 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £197.00

In stock.

Finality in Litigation provides guidance on finality in domestic and international litigation. Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines. The same doctrines can also be effective tools to avoid duplicative or vexing litigation.

This practitioner’s guide describes how preclusion works in English law. Without compromising on the breadth and depth of the analysis, it offers the same treatise of Dutch law, while highlighting critical differences and similarities between these common and civil law systems. Further, it clarifies how preclusion works between these and other jurisdictions. Finally, it suggests improvements to the process of preclusion between jurisdictions.

What’s in this book:-

This timely treatise addresses the entire spectrum of preclusion issues arising in an English court:

  • the court functus officio – the finality of a judgment;
  • res judicata – merger of the cause of action, cause of action estoppel, and issue estoppel;
  • abuse of process – relitigation, Henderson v. Henderson and collateral attack abuse; and
  • preclusion by foreign judgments.
In a manner easily accessible to foreign lawyers, this book offers the same treatise of Dutch law on the topic, addressing all preclusion issues that crop up in a Dutch court. A wider European context is also considered – how domestic judgments fare abroad, how preclusion operates in the Brussels and Lugano regime, levels of preclusion set by European due process, and more.

How this book will help you:-

This book assists practitioners in avoiding duplicative or vexing proceedings. It further enables practitioners to make a better determination of how a case will affect one’s ability to pursue the same or related claims and issues in another case against the same, related or even third parties, both domestically and abroad. Additionally, this book contributes to conflicts theory on the problem of preclusion by foreign judgments.

Arbitration and Alternative Dispute Resolution

Part I.    Preclusion
Chapter 1. England and Wales  
Chapter 2. The Netherlands      

Part II.  Foreign Judgments       
Chapter 3. Recognition of Foreign Judgments  
Chapter 4. Preclusion by Foreign Judgments    

Part III. Harmonisation, Choice of Law, and a Suggested Approach
Chapter 5. The Harmonisation of Preclusion Law            
Chapter 6. Choice of Preclusion Law     

Summary and Conclusions         
Concluding Remarks     
Table of Cases
Table of Legislation

Series: International Arbitration Law Library

Complex Arbitrations: Multiparty, Multicontract & Multi-Issue 2nd ed ISBN 9789403512617
To be published July 2020
Kluwer Law International
Arbitrators and Arbitral Institutions: Liability and Insurance ISBN 9789403509051
To be published July 2020
Kluwer Law International
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print