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

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.

Author: Jacob B. van de Velden

Publisher: International Arbitration Law

Publication Date: Jun 26, 2017

Number of Pages: 528 pages

Language: English

Binding: Hardcover

ISBN-10: 9041183426

ISBN-13: 9789041183422