Results 291 to 300 of about 2,819,106 (346)
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2014
Abstract This chapter addresses the complex issue of determining the applicable law in legal disputes, particularly those arising in commercial fraud litigation. It emphasises that English jurisdiction over a dispute does not automatically mean English law governs the substance, as courts often apply foreign law, reflecting London’s role
exaly +3 more sources
Abstract This chapter addresses the complex issue of determining the applicable law in legal disputes, particularly those arising in commercial fraud litigation. It emphasises that English jurisdiction over a dispute does not automatically mean English law governs the substance, as courts often apply foreign law, reflecting London’s role
exaly +3 more sources
2021
Abstract Parties to international transactions may choose the law they want to govern certain aspects of their deal, including both the dispute resolution clause and the substantive provisions of their contract. The parties’ choice of law is a consequential but often particularly difficult aspect of cross-border transactions ...
David P Stewart, David W Bowker
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Abstract Parties to international transactions may choose the law they want to govern certain aspects of their deal, including both the dispute resolution clause and the substantive provisions of their contract. The parties’ choice of law is a consequential but often particularly difficult aspect of cross-border transactions ...
David P Stewart, David W Bowker
+4 more sources
2022
Abstract This chapter assesses the choice of law rules which apply to employment contracts. At common law, if the parties had not themselves chosen a law, the applicable law was that of the country with the closest and most real connection to the contract of employment.
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Abstract This chapter assesses the choice of law rules which apply to employment contracts. At common law, if the parties had not themselves chosen a law, the applicable law was that of the country with the closest and most real connection to the contract of employment.
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2009
Abstract Choice of law is a discipline that seeks to determine the application of law when the administration of justice requires a choice between two or more systems of law. European lawyers tend to use the term “Private International Law” to refer to this field, whereas American lawyers are more familiar with the term “Conflict of Laws.
Stephen C Mccaffrey, Thomas O Main
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Abstract Choice of law is a discipline that seeks to determine the application of law when the administration of justice requires a choice between two or more systems of law. European lawyers tend to use the term “Private International Law” to refer to this field, whereas American lawyers are more familiar with the term “Conflict of Laws.
Stephen C Mccaffrey, Thomas O Main
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The Cambridge Law Journal, 1926
The object of this paper is to present a brief outline of the rules of Law applicable to the solution of disputes which involve some foreign element. This body of rules is commonly called “Private International Law”; although this designation is a misnomer, as the rules in question are not concerned with disputes between States, but between individuals.
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The object of this paper is to present a brief outline of the rules of Law applicable to the solution of disputes which involve some foreign element. This body of rules is commonly called “Private International Law”; although this designation is a misnomer, as the rules in question are not concerned with disputes between States, but between individuals.
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1996
Abstract Article 5 of the Claims Settlement Declaration provided the Iran–United States Claims Tribunal with broad discretion in its choices of applicable law. Consequently, it is impossible to define any coherent set of choice of law rules followed by the Tribunal, but there are a few general conclusions that appear to flow from the ...
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Abstract Article 5 of the Claims Settlement Declaration provided the Iran–United States Claims Tribunal with broad discretion in its choices of applicable law. Consequently, it is impossible to define any coherent set of choice of law rules followed by the Tribunal, but there are a few general conclusions that appear to flow from the ...
openaire +1 more source
SSRN Electronic Journal, 2020
For more than a generation, choice of law has been the victim of a historical contingency. The “Conflicts Revolution” of the mid-twentieth century and its legal realist leaders bundled together three concepts that, although all typifying the traditional approach, are not inherently connected: the “scientific formalism” of Bealean territorialism ...
Lea Brilmayer, Daniel Listwa
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For more than a generation, choice of law has been the victim of a historical contingency. The “Conflicts Revolution” of the mid-twentieth century and its legal realist leaders bundled together three concepts that, although all typifying the traditional approach, are not inherently connected: the “scientific formalism” of Bealean territorialism ...
Lea Brilmayer, Daniel Listwa
openaire +1 more source
Conflict of Laws and Choice of Law
SSRN Electronic Journal, 2009We discuss the law and economics of conflict of laws and choice of law, focusing on the law in the US. We first consider choice of law when the parties have not effectively chosen their governing law by contract. We address four questions: (1) Why do courts ever apply anything other than the law of the forum?
Erin A. O'Hara O'Connor +1 more
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