Finality in Litigation
Author | : Jacob B. van de Velden |
Publisher | : International Arbitration Law |
Total Pages | : 528 |
Release | : 2017 |
ISBN-10 | : 9041183426 |
ISBN-13 | : 9789041183422 |
Rating | : 4/5 (26 Downloads) |
Download or read book Finality in Litigation written by Jacob B. van de Velden and published by International Arbitration Law. This book was released on 2017 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.