Claims for contribution and reimbursement in an international context : conflict-of-laws dimensions of third party procedure / Koji Takahashi.
2000
JX6351 T139 2000 (Map It)
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Items
Details
Author
Title
Claims for contribution and reimbursement in an international context : conflict-of-laws dimensions of third party procedure / Koji Takahashi.
Published
Oxford [England] ; New York : Oxford University Press, 2000.
Call Number
JX6351 T139 2000
ISBN
0198268963 (alk. paper)
Description
xlvi, 305 pages ; 24 cm.
System Control No.
(OCoLC)44089479
Note
Based on author's thesis (Ph. D., Kyoto University, 1999).
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Portion of Title
Conflict-of-laws dimensions of third party procedure
Table of Contents
General Editor's Preface
Author's Preface
Table of Cases
Table of Legislation
Table of Conventions
Glossary
Pt. 1
Introduction
Ch. 1Definitions and outline
3
Pt. 2
General Conflict-of-Laws Issues Pertaining to Claims for Contribution
Ch. 2Jurisdictional issues pertaining to claims for contribution
23
Ch. 3Issues on the choice of governing law of claims for contribution
47
Pt. 3
Obstacles to recovery on a contribution claim resulting from its trial independent of the trial of the original claim in another forum
Ch. 4The issues which may be determined inconsistently if the contribution claim is tried independently of the original claim and the ways in which inconsistent determinations arise
91
Ch. 5The conclusive effect against the defendant to a contribution action of the decisions made in the foreign original action
99
Ch. 6Attractiveness of third party procedure for the parties involved and the procedural requirements for bringing third party proceedings in England
127
Ch. 7Grounds of jurisdiction over third party proceedings
139
Ch. 8Obstruction to third party procedure caused by foreign corresponding proceedings
167
Ch. 9Obstruction to third party procedure caused by an arbitration agreement or a foreign jurisdiction agreement
195
Pt. 4
Obstacles to back-to-back reimbursement in a chain transaction resulting from the application of different laws to the reimbursement claim and to the original claim
Ch. 10Situations where expectations of 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
221
Ch. 11Substantive law measures to prevent imbalance of liability and the right of reimbursement arising out of the application of different governing laws
231
Ch. 12The application of the same law to a reimbursement claim and the original claim in a chain transaction under the Rome Convention
239
Ch. 13The application of the same law to a reimbursement claim and the original claim in a chain transaction outside the Rome Convention
261
Pt. 5
Conclusion
Ch. 14Analytical summary
273
Index
301