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Res Judicata
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Download or read book Res Judicata written by Robert C. Casad and published by . This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An accessible overview for readers who have some familiarity with the doctrine of res judicata, a critical topic in civil procedure. Three major sections cover theory, doctrine, and practice. Theory is embraced rather than avoided in the belief that attention to underlying concepts and policies helps make sense of res judicata. Casad is professor of law emeritus at the University of Kansas. Clermont teaches law at Cornell University. c. Book News Inc.
Book Synopsis Res Judicata, Estoppel, and Foreign Judgments by : Peter R. Barnett
Download or read book Res Judicata, Estoppel, and Foreign Judgments written by Peter R. Barnett and published by Oxford Private International L. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis DOCTRINE OF RES JUDICATA IN CANADA. by : DONALD J. LANGE
Download or read book DOCTRINE OF RES JUDICATA IN CANADA. written by DONALD J. LANGE and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Res Judicata written by Vicki Grant and published by Orca Book Publishers. This book was released on 2008-10-01 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cyril MacIntyre, son of firebrand lawyer Andy MacIntyre, smells something fishy about one of his mother's cases. And it's not just that there are sea lice in the coffee. When Cyril starts investigating the death of a millionaire inventor, he gives a whole new meaning to the term "legal aid." Long on smarts and short on—well, just plain short, Cyril tangles with deranged criminals, indulges in a little bit of B & E and confronts the scariest person in the world—his mother.
Book Synopsis Res Judicata in a Nutshell by : Robert C. Casad
Download or read book Res Judicata in a Nutshell written by Robert C. Casad and published by . This book was released on 1976 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Third-Party Effects of Arbitral Awards by : Maximilian Pika
Download or read book Third-Party Effects of Arbitral Awards written by Maximilian Pika and published by Kluwer Law International B.V.. This book was released on 2019-07-11 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The specialization and financial demand of global business render international transactions inherently multilateral and thus best effected through arbitration agreements. However, it often happens that – for various reasons, such as a debtor’s failure to pay damages ordered by an arbitral tribunal – third parties who did not consent to the original arbitration enter the scene. This is the first book to examine the binding effects of international commercial arbitral awards in follow-up disputes against third parties. It comprehensively analyses arbitral awards’ third-party effects under national arbitration laws, the New York Convention and private international law. Moreover, it proposes solutions under transnational law before both courts and arbitral tribunals. Applying a continuously comparative methodology that refers to specific statutory, jurisprudential and scholarly sources, this book explores the nature and implications of such aspects of third-party involvement as the following: the foundations of the doctrine of res judicata and its intrinsic connection to other tools of forum coordination; the distinction between res judicata before courts on the one hand and arbitral tribunals on the other; the application of non-mutual preclusion in favour of third parties; the potential for arbitral awards to constitute a fact in follow-up disputes; a comparison of rules and uncertainties on awards’ third-party effects under various national arbitration acts; preclusion agreements; the arbitration agreement’s scope; and judgments’ third-party effects as a shift of the participatory burden. For civil law, the author focuses on France and Switzerland (as predominant arbitral seats) and on Germany (as a Model Law example). Among common-law countries, he concentrates on England and Wales and on the United States. Statutory sources (with specific wording), leading cases and summaries of the most important scholarly discussions are all invoked. With its clear guidelines for matters currently not addressed in previous publications and likely to be raised in specific cases, this book will prove to be of immeasurable value for arbitration practitioners and academics in any jurisdiction. Business parties that seek to prevent contradicting decisions in multilateral transactions will appreciate the practically feasible alternatives it presents in the event of follow-up disputes involving third parties.
Book Synopsis A Treatise on the Law of Judgments by : Henry Campbell Black
Download or read book A Treatise on the Law of Judgments written by Henry Campbell Black and published by . This book was released on 1891 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals by : Silja Schaffstein
Download or read book The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals written by Silja Schaffstein and published by Oxford International Arbitrati. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Res Judicata written by Allan D. Vestal and published by . This book was released on 1969 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Doctrine of Res Judicata by : George Spencer Bower
Download or read book The Doctrine of Res Judicata written by George Spencer Bower and published by . This book was released on 1924 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Almanac of Contemporary Judicial Restatements (Administration of Justice and Evidence) vol. ia by : Oshisanya, 'lai Oshitokunbo
Download or read book An Almanac of Contemporary Judicial Restatements (Administration of Justice and Evidence) vol. ia written by Oshisanya, 'lai Oshitokunbo and published by Almanac Foundation. This book was released on 2020-01-02 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Justice, Administration of. 2. Evidence, Criminal.
Book Synopsis Spencer Bower and Handley: Res Judicata by : K R Handley
Download or read book Spencer Bower and Handley: Res Judicata written by K R Handley and published by Butterworths. This book was released on 2019-11-19 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata. Part One deals with res judicata estoppel in its three forms: cause of action estoppel, issue estoppel and the binding force of a judgment when it is the foundation of a new action. The application of these principles in specific areas of the law and the plea of autrefois acquit in criminal cases are then considered. A chapter deals with affirmative answers. Part Two deals with merger in judgment including its application in criminal cases under the plea of autrefois convict. Each Part concludes with a chapter on procedure. The final chapters deal with the extended doctrine of res judicata based on abuse of process and the doctrine of res judicata in Roman law.This edition includes coverage of significant case law including cases from Hong Kong, Malaysia, Singapore and South Africa. There is also commentary on EU legislation including the Insolvency Regulation (1346/2000) dealing with the jurisdiction and recognition of judgments in insolvency proceedings, Council Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and Council Regulation No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial proceedings.
Book Synopsis Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by : Neil Kaplan
Download or read book Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Book Synopsis Shareholders' Claims for Reflective Loss in International Investment Law by : Lukas Vanhonnaeker
Download or read book Shareholders' Claims for Reflective Loss in International Investment Law written by Lukas Vanhonnaeker and published by Cambridge University Press. This book was released on 2020-07-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
Book Synopsis Res Judicata and Collateral Estoppel by : Warren Freedman
Download or read book Res Judicata and Collateral Estoppel written by Warren Freedman and published by Praeger. This book was released on 1988-02-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With court calendars already overcrowded and the number of civil cases steadily mounting, prolonged litigation and successive lawsuits are becoming an increasing burden on plaintiffs, defendants, and the court system alike. The doctrines of res judicata and collateral estoppel, which are well respected by both the bench and the bar, offer the best means for avoiding such situations and for reaching swift and definitive judgement. This volume is the first work to provide clear, fully documented discussion of the subject, even for the nonspecialist attorney or manager. Written by a seasoned legal professional, it incorporates citations and systematic analyses of the most recent applicable case law.
Book Synopsis Commentaries on the Law of Estoppel and Res Judicata by : Henry Morrison Herman
Download or read book Commentaries on the Law of Estoppel and Res Judicata written by Henry Morrison Herman and published by . This book was released on 1886 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Treatise On the Law of Judgments by : Henry Campbell Black
Download or read book A Treatise On the Law of Judgments written by Henry Campbell Black and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
