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《CLAIMS FOR CONTRIBUTION AND REIMBURSEMENT IN AN INTERNATIONAL CONTEXT,KOJI,TAKA

【书名】:《CLAIMS FOR CONTRIBUTION AND REIMBURSEMENT IN AN INTERNATIONAL CONTEXT,KOJI,TAKAHASHI,OXFORD UNIVERSITY PRESS,2005》
【作者】:
【出版社】:
【时间】:
【页数】:305
【ISBN】:
【SS码】:40661411

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内容简介

PART 1 INTRODUCTION

Chapter 1 Definitions and outline

PART 2 GENERAL CONFLICT-OF-LAWS ISSUES PERTAINING TO CLAIMS FOR CONTRIBUTION

Chapter 2 Jurisdictional issues pertaining to claims for contribution

Chapter 3 Issues on the choice of governing law of claims for contribution

PART 3 OBSTACLES TO RECOVERY ON A CONTRIBUTION CLAIM RESULTING FROM ITS TRIAL INDEPENDENT OF THE TRIAL OF THE ORIGINAL CLAIM IN ANOTHER FORUM

Chapter 4 The 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

Chapter 5 The conclusive effect against the defendant to a contribution action of the decisions made in the foreign original action

Chapter 6 Attractiveness of third party procedure for the parties involved and the procedural requirements for bringing third party proceedings in England

Chapter 7 Grounds of jurisdiction over third party proceedings

Chapter 8 Obstruction to third party procedure caused by foreign corresponding proceedings

Chapter 9 Obstruction to third party procedure caused by an arbitration agreement or a foreign jurisdiction agreement

PART 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

Chapter 10 Situations 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

Chapter 11 Substantive law measures to prevent imbalance of liability and the right of reimbursement arising out of the application of different governing laws

Chapter 12 The application of the same law to a reimbursement claim and the original claim in a chain transaction under the Rome Convention

Chapter 13 The application of the same law to a reimbursement claim and the original claim in a chain transaction outside the Rome Convention

PART 5 CONCLUSION

Chapter 14 Analytical summary

Index


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