Takahashi, Koji
(1997)
Claims for indemnity, contribution, reimbursement, and recourse in private international law: Legal obstacles to satisfactory recovery.
PhD thesis, London School of Economics and Political Science.
Abstract
Where a person (D) who has become liable to pay another person (P) seeks from a third person (R) restitution of all or part of the payment, if the different relationships involved between P, D and R are decided in different forums or under different governing laws, D may not be able to obtain satisfactory recovery from R because the same issues may be determined differently or because there may be a mismatch between different governing laws. This thesis examines the rules of private international law relevant to such situations and proposes some reforms of the law. Thus if the same issues have to be determined in P's claim against D and in D's claim against R independently from each other in different forums, matters that have been established to support P's claim against D may not be established in support of D's claim against R. We will examine whether matters established in P's action against D in a foreign forum are recognised as conclusive against R in D's action against R in England. Then, we will examine in the international context English third party procedure as another way of avoiding independent determination of the same issues. Turning to the obstacles to satisfactory recovery caused by a mismatch of different governing laws, we will first consider whether different claims of recovery that D may have against R should be governed by a single governing law. We will, then, consider whether the contract between P and D and the contract between D and R involved in chain transactions should be referred to a single governing law. Finally, we will consider whether D's liability to P and R's liability to P should be determined by a single governing law for the purpose of recovery under the Civil Liability (Contribution) Act 1978.
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