Fr. 292.80

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

Inglese · Copertina rigida

In fase di riedizione, attualmente non disponibile

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Zusatztext Most usefully the final chapter is devoted to a summary of the main arguments and will doubtless be a port of call for the indolent student who lacks the will or stamina to read the main text. ... Mr Takahashi is to be congratulated on producing a stimulating discussion on the nature of third-party proceedings. Any lawyer engaged in an international dispute involving a third party is likely to benefit by reading this book; for those who wish to research further the detailed footnotes draw attention to other relevant academic literature. ... the volume is handsomely produced with a detailed index. This new series of volumes on private international law fills a distinct gap in the market and this particular text forms a valuable addition to an imaginative and increasingly important series. Klappentext 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. Zusammenfassung This book provides a valuable guide to the complex area of law for practitioners advising clients who wish to bring, or are being threatened with, a claim for contribution or reimbursement in an international context. Inhaltsverzeichnis 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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