Claims for Contribution and Reimbursement in an International Context: Conflict-of-laws Dimensions of Third Party Procedure

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Oxford University Press, 2000 - Law - 305 pages
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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 consideredinclude: * 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 samelaw 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 tothe 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 orreimbursement in an international context. Its scholarly approach will also stimulate academic interest.
 

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Contents

Introduction
3
Bankside 1996 1 WLR 257 116
6
Pertaining to Claims for Contribution
23
Beecham Group Pic v Norton Healthcare Ltd The Times
44
Issues on the choice of governing law of claims
47
Benarty The 1987 1 WLR 1614 68
68
Obstacles to recovery on a contribution
87
in which inconsistent determinations arise
91
Bank of Scotland v SA Banque Nationale de Paris 1996
187
Recapitulation
192
Obstruction to third party procedure caused
195
Banku Polskiego v K J Mulder 1941 2 KB 266 268
202
Zapata OffShore Company 1972 407 US 1
205
OBSTACLES TO BACKTOBACK REIMBURSEMENT
217
IIL Recourse claim in a bill of exchange transaction
223
Substantive law measures to prevent imbalance
231

Chaplin 1971 AC 356
97
The conclusive effect against the defendant to
99
Arctic Electronics Co UK Ltd v McGregor Sea Air Services
105
British Coal Corp 1990 2 QB 338 CA
116
Attractiveness of third party procedure for the parties
127
Grounds of jurisdiction over third party proceedings
139
Obstruction to third party procedure caused
167
Whether an English court can prevent foreign third
179
The application of the same law to a reimbursement
239
Carl Zeiss Stiftung v V E B Carl Zeiss Jena 1968 DC NY 293 F Supp
263
Analytical summary
273
Obstacles to backtoback reimbursement in
287
Epiloguefrom historical perspectives
293
E R Squibb Sons Ltd and Another 1980
296
Index
301
Copyright

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About the author (2000)

Koji Takahashi is at University of Southampton.

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