A Treatise on the Law of Judgments

A Treatise on the Law of Judgments PDF Author: Henry Campbell Black
Publisher:
ISBN:
Category : Judgments
Languages : en
Pages : 720

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A Treatise on the Law of Judgments

A Treatise on the Law of Judgments PDF Author: Henry Campbell Black
Publisher:
ISBN:
Category : Judgments
Languages : en
Pages : 720

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Book Description


DOCTRINE OF RES JUDICATA IN CANADA.

DOCTRINE OF RES JUDICATA IN CANADA. PDF Author: DONALD J. LANGE
Publisher:
ISBN: 9780433501237
Category :
Languages : en
Pages :

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The Law and Doctrine of Res Judicata

The Law and Doctrine of Res Judicata PDF Author: Nand Lal
Publisher:
ISBN:
Category : Res judicata
Languages : en
Pages : 562

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Res Judicata

Res Judicata PDF Author: Robert C. Casad
Publisher:
ISBN: 9780890897058
Category : Res judicata
Languages : en
Pages : 0

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Book Description
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.

A Treatise On the Law of Judgments

A Treatise On the Law of Judgments PDF Author: Henry Campbell Black
Publisher: Legare Street Press
ISBN: 9781016348263
Category :
Languages : en
Pages : 0

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Book Description
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.

A Treatise on the Law of Res Judicata

A Treatise on the Law of Res Judicata PDF Author: Hukm Chand
Publisher: London : W. Clows
ISBN:
Category : Lis pendens
Languages : en
Pages : 990

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Res Judicata, Estoppel, and Foreign Judgments

Res Judicata, Estoppel, and Foreign Judgments PDF Author: Peter R. Barnett
Publisher: Oxford Private International L
ISBN: 9780199243396
Category : Law
Languages : en
Pages : 432

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Book Description
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.

The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals

The Doctrine of Res Judicata Before International Commercial Arbitral Tribunals PDF Author: Silja Schaffstein
Publisher: Oxford International Arbitrati
ISBN: 9780198715610
Category : Law
Languages : en
Pages : 0

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Book Description
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.

Res Judicata in a Nutshell

Res Judicata in a Nutshell PDF Author: Robert C. Casad
Publisher:
ISBN:
Category : Res judicata
Languages : en
Pages : 344

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The Doctrine of Res Judicata

The Doctrine of Res Judicata PDF Author: George Spencer Bower
Publisher:
ISBN:
Category : Res judicata
Languages : en
Pages : 304

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Book Description