Finality In Litigation
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Finality In Litigation
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Author : Jacob B. van de Velden
language : en
Publisher: International Arbitration Law
Release Date : 2017
Finality In Litigation written by Jacob B. van de Velden and has been published by International Arbitration Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
"This book does three things: first, Part I clarifies by reference to English law (Chapter 1) and Dutch law (Chapter 2) how different legal systems implement the principle of finality in litigation (a process called 'preclusion'); second, Part II rationalises the problem of preclusion between jurisdictions, by distinguishing two often conflated but fundamentally distinct problems: first, recognition of foreign judgments and, second, preclusion by foreign judgments (Chapter 3), and by analysing how English and Dutch courts resolve issues of preclusion raised by foreign judgments which are amenable to recognition (Chapter 4); and, finally, Part III evaluates the recent process of harmonisation of preclusion law at the EU level (Chapter 5) and suggests an approach to resolving the issues which arise upon recognition in case a foreign judgment is invoked for purposes of preclusion: to achieve finality in litigation locally after justice has been done abroad (Chapter 6)"--Publisher's website.
A Treatise On The Law Of Judgments
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Author : Henry Campbell Black
language : en
Publisher:
Release Date : 1891
A Treatise On The Law Of Judgments written by Henry Campbell Black and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1891 with Judgments categories.
Res Judicata Estoppel And Foreign Judgments
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Author : Peter R. Barnett
language : en
Publisher: Oxford Private International L
Release Date : 2001
Res Judicata Estoppel And Foreign Judgments written by Peter R. Barnett and has been published by Oxford Private International L this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This clear and original book provides a much-needed analysis of the doctrines of res judicata and abuse of process as applied to foreign judgments recognized in England for their preclusive effect. In particular, it examines the four preclusive pleas which are encountered in practice, namely:(i) cause of action estoppel; (ii) issue estoppel; (iii) former recovery per section 34 of the Civil Jurisdiction and Judgments Act 1982; and (iv) the rule in Henderson v Henderson. So far as foreign judgments are concerned, the book examines separately the preclusive effects of foreign judgmentsrecognized according to the English common law and related statutory rules, and foreign judgments which the English courts are obliged to recognize under the Brussels and Lugano Conventions. It also includes a discussion of the preclusive effects of judgments recognized under the proposed HagueConvention on Jurisdiction and Foreign Judgments in civil and commercial matters.Although the complex and technical doctrines of res judicata and abuse of process are well known in the context of domestic judicial decisions, little has hitherto been written analysing how these doctrines apply when the judgment emanates from a foreign court. It is not surprising, therefore, thatthis area of law has been frequently confused and mis-applied. And yet the recognition of foreign judgments for preclusive purposes is an increasingly important area for practitioners and academics - especially for those interested in international commercial litigation, and not least given theimportant treaty developments that are occurring. For these reasons, this book is a very timely work. Written with a practitioner focus, it includes extensive references to res judicata authorities in the United Kingdom, Australia and Canada.
Civil Procedure
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Author : David L. Shapiro
language : en
Publisher:
Release Date : 2001
Civil Procedure written by David L. Shapiro and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Explore the principal current debates and new leading-edge practices with regard to all aspects of a preclusion order. This volume reviews the preclusion order and examines specific preclusion scenarios. Discusses preclusion in a subsequent action between the same parties in the same jurisdiction. Looks at the application of the rules of preclusion to those not parties to the prior action.
A Treatise On The Law Of Res Judication
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Author : Hukm Chand
language : en
Publisher: London : W. Clows
Release Date : 1894
A Treatise On The Law Of Res Judication written by Hukm Chand and has been published by London : W. Clows this book supported file pdf, txt, epub, kindle and other format this book has been release on 1894 with Lis pendens categories.
The Doctrine Of Res Judicata In Canada
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Author : Donald J. Lange
language : en
Publisher: Butterworth-Heinemann
Release Date : 2000
The Doctrine Of Res Judicata In Canada written by Donald J. Lange and has been published by Butterworth-Heinemann this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Andrews On Civil Processes
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Author : Neil Andrews
language : en
Publisher:
Release Date : 2013
Andrews On Civil Processes written by Neil Andrews and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Actions and defenses categories.
V. 1. Court proceedings -- Part I. Introduction to the forms of civil justice -- Sources of English civil procedure -- "The big picture" : interaction of the court system and other forms of dispute resolution -- Part II. commencement of court proceedings and preparation for trial -- The six phases of court proceedings -- Commencement and service -- Pleadings and parties -- Counterclaim and set-off -- Limitation of actions -- Case management and procedural discipline -- Pre-trial termination of actions without settlement : interim, summary, default, preliminary and striking out procedures -- Disclosure -- Privileges -- Experts -- Part III. End-game : trial, appeal, finality and enforcement -- Trial and judgment -- Appeals -- Finality in court proceedings -- Enforcement of court judgments and orders -- Part IV. Costs and financing o litigation -- Basic cost principles -- Security for costs -- "No win, no fee" systems -- Part V. Special proceedings -- Protective relief -- Multi-party litigation -- Complex litigation -- The Commercial Court -- Part VI. Principles of civil litigation -- The five constellations of procedure principle -- Judicial independence and impartiality -- Due notice -- Publicity and open justice -- The duty to give reasoned decisions -- Part VII. The European context -- European influences upon English civil justice -- v. 2. Mediation and arbitration -- Part I. Mediation -- Mediation -- Mediation combined with arbitration -- Part II. Arbitration -- Commercial arbitration : what is it and why choose it? -- The major principles of arbitration and litigation : a comparison -- Fundamental features of English arbitration -- "The seat" and the range of relevant laws -- "Arbitrability" : public policy limitations upon the scope of arbitration -- A confidential process -- Arbitration agreements -- Courts giving effect to arbitration agreements -- Commencement of the submission and time issues -- The tribunal's appointment, tenure and immunity -- Pre-trial proceedings -- The hearing -- Final remedies, the award, and correction of the award by the tribunal -- Fees, expenses and recoverable costs -- Arbitration awards : issues of finality and Res Judicata -- Challenges to English arbitral awards under English law -- English enforcement of English awards -- Enforcement under the New York Convention (1958) -- Part III. Consumer ADR --Consumer disputes : extra-judicial resolution
The Doctrine Of Res Judicata Before International Commercial Arbitral Tribunals
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Author : Silja Schaffstein
language : en
Publisher: Oxford International Arbitrati
Release Date : 2016
The Doctrine Of Res Judicata Before International Commercial Arbitral Tribunals written by Silja Schaffstein and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
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.
Law On Res Judicata And Double
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Author : Paul McDermott
language : en
Publisher: Bloomsbury Professional
Release Date : 1999-12
Law On Res Judicata And Double written by Paul McDermott and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-12 with Double jeopardy categories.
The law of 'res judicata' deals with all of the circumstances in which parties are barred from litigating an issue because of the result of previous litigation. This work is divided into two main sections, the first examining the area of civil law, and the second the area of criminal law.
Res Judicata And Double Jeopardy
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Author : Paul Anthony McDermott
language : en
Publisher:
Release Date : 1999
Res Judicata And Double Jeopardy written by Paul Anthony McDermott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Double jeopardy categories.
The law of res judicata deals with all of the circumstances in which parties are barred from litigating an issue because of the result of previous litigation. It pervades many areas of the law, both civil and criminal. In the area of criminal law, double jeopardy and res judicata both play a role. Double jeopardy is concerned with how many times the State can prosecute someone in respect of the same offence in an attempt to convict them. Res judicata is concerned with the extent to which the result of civil proceedings is binding on criminal proceedings and vice versa. There has been a rise of interest in res judicata in recent years and it is now one of the most rapidly expanding areas of Irish law.