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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
M. Karayanni
semanticscholar +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
M. Karayanni
semanticscholar +3 more sources
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
openaire +2 more sources
Choice of Law Meets Private Law Theory
Oxford Journal of Legal Studies, 2023Choice of law can, and often should, be an important feature of an autonomy-enhancing law as it expands the possible frameworks within which people can govern their affairs.
Hanoch Dagan, Sagi Peari
semanticscholar +1 more source
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
+4 more sources
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
Frontiers Of Legality: Understanding The Public Policy Exception In Choice Of Law
University of Toronto Law Journal, 2022The public policy exception is a notorious part of choice of law doctrine. The exception allows courts to refuse to apply foreign law selected by first-order choice of law rules that violates the forum’s fundamental principles of morality and justice. As
Joanna Langille
semanticscholar +1 more source