Judicial Remedies in the Conflict of Laws

Olusoji Elias is a Lecturer in Law at the University of Buckingham.

Part 1 Introduction. Background: localization, characterization, substance and procedure; some cognate matters - limitation, evidence; classifications of relief; scope and perspective of a book on conflicts relief; comparative law dimensions; structure and composition of the book. Part 2 Remedialist theory and policy - exploring single bright line logic. Forum policy: the ultimate local form and the transnational context. Forum policy: procedural justiciability in the conflict of laws - the remedial dimensions; convenience (as practicability) in remedial adjudication; rational or judicial justice; efficience - minimizing procedural conflicts; legal mandation, public policy, state interest. Applicable remedial law: where are we now?; Barings - a case study; the facts and the contentions; the issues - "proper law", "remedy"; the decision and its consequences and implications; a(n interim) conclusion - the problem. Enforcing non-"self-executing" remedies: enforcement, execution; the role of the lex fori; territory and res judicata. Objective localization: Barings resumed - remedies and the centre of gravity; conclusion. Part 3 particular relief in personam. Compensatory damages and other money awards in personam: preliminary; compensatory damages; restitutionary (or disgorgement) damages; equitable damages; nominal and contemptuous damages; aggravated damages; exemplary or punitive damages; damages under European Union law; an addendum - A.G. v. Blake. Injunctions and interim relief: essence and variety of injunctive relief; interlocutory injunctions; antisuit injunctions; freezing orders (the Mareva jurisdiction); staying forum actions and the declination of jurisdiction; further interim orders; final injunctions. Remedial performance of contracts: specific performance in domestic, conflicts and comparative law; availability of and scope for specific performance in conflicts cases; the relevant principles from jurisdiction; the procedural aspects - the action for specific performance; comparativist perspectives; a recapitulation; other performance relief - judicial enforcement of contractually stipulated remedies; conclusion. Remedial restitution: forum perspectives on localizing restitution; formal aspects of restitutionary recovery; personal restitutionary remedies; restitution of money had and received and of money paid; restitution by a quantum meruit or a quantum valebat - reasonable recompense; restitution by an account of profits; rescission of voidable contracts; proprietary restitutionary remedies; tracing orders - legal and equitable; subrogation; judicial imposition of a constructive trust or of a lien; conclusion. Part 4 Relief in rem. Remedial declarations and relief in rem: jurisdictional and other factors of general application; interpretations of European Union law; the construction of legal instruments; family law and status cases; negative declarations; a note about other relief in rem. Part 5 Envoi. Remedies and localism.