(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 24 No 9 Sept/Oct 2019

Book of the Month

Cover of The Anti-Suit Injunction

The Anti-Suit Injunction

Price: £195.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Finality in Litigation: The Law and Practice of Preclusion: Res Judicata (Merger and Estoppel), Abuse of Process and Recognition of Foreign Judgments


ISBN13: 9789041183422
Published: July 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £161.00



In stock.

Finality in Litigation provides guidance on finality in domestic and international litigation. Ensuring finality in litigation (‘preclusion’) is a challenge. Res judicata and abuse of process are technical doctrines. The same doctrines can also be effective tools to avoid duplicative or vexing litigation.

This practitioner’s guide describes how preclusion works in English law. Without compromising on the breadth and depth of the analysis, it offers the same treatise of Dutch law, while highlighting critical differences and similarities between these common and civil law systems. Further, it clarifies how preclusion works between these and other jurisdictions. Finally, it suggests improvements to the process of preclusion between jurisdictions.

What’s in this book:-

This timely treatise 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. Henderson and collateral attack abuse; and
  • preclusion by foreign judgments.
In a manner easily accessible to foreign lawyers, this book offers the same treatise of Dutch law on the topic, addressing all preclusion issues that crop up in a Dutch court. A wider European context is also 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.

How this book will help you:-

This book assists practitioners in avoiding duplicative or vexing proceedings. It further enables practitioners to make a better determination of how a case will affect one’s ability to pursue the same or related claims and issues in another case against the same, related or even third parties, both domestically and abroad. Additionally, this book contributes to conflicts theory on the problem of preclusion by foreign judgments.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Introduction     

Part I.    Preclusion
Chapter 1. England and Wales  
Chapter 2. The Netherlands      

Part II.  Foreign Judgments       
Chapter 3. Recognition of Foreign Judgments  
Chapter 4. Preclusion by Foreign Judgments    

Part III. Harmonisation, Choice of Law, and a Suggested Approach
Chapter 5. The Harmonisation of Preclusion Law            
Chapter 6. Choice of Preclusion Law     

Summary and Conclusions         
Concluding Remarks     
Summary
Bibliography
Table of Cases
Table of Legislation
Index

Series: International Arbitration Law Library

Arbitrators and Arbitral Institutions: Liability and Insurance ISBN 9789403509051
To be published February 2020
Kluwer Law International
£148.00
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
£148.00
The Legal, Real and Converged Interest in Declaratory Relief ISBN 9789403512440
Published May 2019
Kluwer Law International
£144.00
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
£164.00
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
£134.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£134.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£139.00
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
£242.00
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
£134.00
£134.00
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
£134.00
£134.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£134.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£134.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£122.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£206.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£125.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£155.00
£122.00
£134.00
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
£122.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
£143.00
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£209.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£164.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£209.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£176.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£205.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£105.00
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
£142.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£133.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print