TY - JOUR

T1 - Contribution and Indemnification among Joint Tortfeasors in Multi-State Conflicts

T2 - A Study of Doctrine, Interests, and the Current Law under the Rome-II-Regulation

AU - Dornis, Tim W.

PY - 2008/8

Y1 - 2008/8

N2 - In both European and US private international law the issue of joint tortfeasors' contribution or indemnification in multi-state conflict cases has been discussed vividly. However, neither European nor US case law and literature have been able to provide a comprehensive answer to the question which law should apply to joint tortfeasor contribution or indemnification issues. With the implementation of the Rome II Regulation, a unified private international law for non-contractual obligations in Europe has been established. In Art 20, the Regulation contains a seemingly clear-cut and simple rule. The provision, however, seems to be ill-conceived. The topic has been scarcely discussed during the law-making process. A literal construction and application of the rule may not provide a balanced choice-of-law determination. This article is supposed to give an overview of the European and US discussion on contribution and indemnification in multi-state conflict cases. It will explain the new provision in Art 20 Rome II, and analyse the underlying tort law purposes and party expectations that are relevant for the choice-of-law determination

AB - In both European and US private international law the issue of joint tortfeasors' contribution or indemnification in multi-state conflict cases has been discussed vividly. However, neither European nor US case law and literature have been able to provide a comprehensive answer to the question which law should apply to joint tortfeasor contribution or indemnification issues. With the implementation of the Rome II Regulation, a unified private international law for non-contractual obligations in Europe has been established. In Art 20, the Regulation contains a seemingly clear-cut and simple rule. The provision, however, seems to be ill-conceived. The topic has been scarcely discussed during the law-making process. A literal construction and application of the rule may not provide a balanced choice-of-law determination. This article is supposed to give an overview of the European and US discussion on contribution and indemnification in multi-state conflict cases. It will explain the new provision in Art 20 Rome II, and analyse the underlying tort law purposes and party expectations that are relevant for the choice-of-law determination

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=85057865669&partnerID=8YFLogxK

U2 - 10.1080/17536235.2008.11424340

DO - 10.1080/17536235.2008.11424340

M3 - Article

AN - SCOPUS:85057865669

VL - 4

SP - 237

EP - 277

JO - Journal of Private International Law

JF - Journal of Private International Law

SN - 1744-1048

IS - 2

ER -