Finality in litigation : the law and practice of preclusion - res judicata (merger and estoppel), abuse of process and recognition of foreign judgments / Jacob B. van de Velden.
"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...
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| Main Author: | |
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| Format: | Ebook |
| Language: | English |
| Published: |
Alphen aad den Rijn, The Netherlands :
Wolters Kluwer,
[2017]
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| Series: | International arbitration law library ;
42 |
| Subjects: | |
| Online Access: | HeinOnline Foreign & International Law Resources HeinOnline Law Library of Congress Reports |
| Summary: | "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. |
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| Physical Description: | 1 online resource (xvi, 528 pages). |
| Bibliography: | Includes bibliographical references (pages 461-475) and index. |