Author: George Spencer BowerPublisher:
ISBN:
Category : Res judicata
Languages : en
Pages : 304
Book Description
The Doctrine of Res Judicata
Author: George Spencer BowerPublisher:
ISBN:
Category : Res judicata
Languages : en
Pages : 304
Book Description
The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals
Author: Silja SchaffsteinPublisher: Oxford International Arbitrati
ISBN: 9780198715610
Category : Law
Languages : en
Pages : 0
Book Description
Today, international commercial disputes regularly involve multiple parties, contracts, and issues. As a result, the number of disputes that are tried in two or more different forums has increased, giving rise to difficult issues regarding the conclusive and preclusive effects of prior judgments or awards. As a result, the doctrine of res judicata , which requires that a final decision by a court or arbitral tribunal is conclusive and should not be re-litigated, is of increasing significance. Dr Silja Schaffstein provides the first practical and comprehensive guidelines for matters of res judicata for international commercial arbitration practitioners. Structured in two parts, part one examines the doctrine of res judicata in domestic and international litigation whilst part two determines whether and how the res judicata doctrine may be applied by international commercial arbitral tribunals. Dr Schaffstein identifies situations in which res judicata issues are likely to arise before international commercial arbitral tribunals and provides actionable solutions. The book determines the key features of the doctrine of res judicata in the laws of England, the United States, France and Switzerland, as representative of the common law system on the one hand and the civil law system on the other hand. The book also presents the doctrine of res judicata in the context of private international law, alongside its crucial aspects and application in public international law by international courts and tribunals. The aim of the work is to demonstrate how transnational principles of res judicata should be elaborated for international commercial arbitral tribunals. The analysis looks at how the doctrine should be applied by international commercial arbitral tribunals in their relations with other arbitral tribunals or state courts, and within the arbitral proceedings pending before them. The work sets out the transnational principles in the form of guidelines for international arbitrators.
The Wagstaffe Group Practice Guide
Author: James M. WagstaffePublisher:
ISBN: 9781522115922
Category : Civil procedure
Languages : en
Pages :
Book Description
Finality in Litigation
Author: Jacob B. van de VeldenPublisher: Kluwer Law International B.V.
ISBN: 9041183434
Category : Law
Languages : en
Pages : 463
Book Description
Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines – traps for the unwary. The same doctrines can also be effective tools to avoid unnecessary or vexing duplicative proceedings or to determine how a case may affect the same or a related claim or issue in a subsequent case. This practitioner’s guide is a timely and comprehensive treatise on English law on the topic. It 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. Hendersonand collateral attack abuse; and -preclusion by foreign judgments. In a manner accessible to foreign lawyers, this book further offers a treatise of Dutch law that is of the same breadth and depth. It addresses all preclusion issues that may crop up in a Dutch court. Moreover, the cross-border context is 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. A contribution to conflicts theory, this book finally suggests improvements to the process of preclusion between jurisdictions, by clarifying the distinction between ‘recognition of’ foreign judgments and ‘preclusion by’ foreign judgments and by opening up a new field of choice of preclusion law. A first class work which will be of considerable interest to practitioners and scholars.’ –Lord Collins of Mapesbury former Justice of the UK Supreme Court and General Editor of Dicey and Morris on Conflict of Laws Jacob van de Velden practises international arbitration and litigation at De Brauw Blackstone Westbroek, a member of the Best Friends-network of law firms with Slaughter and May (UK), Bredin Prat (France), BonelliErede (Italy), Hengeler Mueller (Germany) and Uría Menéndez (Spain). He was a co-rapporteur for the International Law Association’s Committee on International Civil Litigation and a research fellow and director of the Private International Law programme at the British Institute of International and Comparative Law.
Powell on Real Property
Author: Richard Roy PowellPublisher: LexisNexis/Matthew Bender
ISBN: 9781422427491
Category : Real property
Languages : en
Pages :
Book Description
A Treatise on the Law of Obligations, Or Contracts
Author: Robert Joseph PothierPublisher:
ISBN:
Category :
Languages : en
Pages : 546
Book Description
A Practitioner's Guide to Class Actions
Author: Marcy Hogan GreerPublisher: American Bar Association
ISBN: 9781604429558
Category : Law
Languages : en
Pages : 1412
Book Description
Complete with a state-by-state analysis of the ways in which the class action rules differ from the Federal Rule of Civil Procedure 23, this comprehensive guide provides practitioners with an understanding of the intricacies of a class action lawsuit. Multiple authors contributed to the book, mainly 12 top litigators at the premiere law firm of Fulbright and Jaworski, L.L.P.
DOCTRINE OF RES JUDICATA IN CANADA.
Author: DONALD J. LANGEPublisher:
ISBN: 9780433501237
Category :
Languages : en
Pages :
Book Description
A Treatise on the Law of Obligations, Or Contracts
Author: Robert Joseph PothierPublisher:
ISBN:
Category : Civil law
Languages : en
Pages : 728
Book Description
A Treatise of Legal Philosophy and General Jurisprudence
Author: Enrico PattaroPublisher: Springer Science & Business Media
ISBN: 1402035055
Category : Philosophy
Languages : en
Pages : 2015
Book Description
This paperback edition of the first of the twelve volumes of A Treatises of Legal Philosophy and General Jurisprudence, serves as an introduction to the first-ever multivolume treatment of all important issues in legal philosophy and general jurisprudence, consisting of a five-volume theoretical part and a six-volume historical part. The theoretical part covers the main topics of contemporary debate. The historical volumes trace the development of legal thought from ancient Greek times through the twentieth century. All volumes are edited by the renowned theorist Enrico Pattaro.