Choice of Law in UK Law
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Sulamérica Cia Nacional de Seguros SA and Others v Enesa Engelharia SA and Others
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The first is that, even if the agreement forms part of a substantive contract (as is commonly the case), its proper law may not be the same as that of the substantive contract. The second is that the proper law is to be determined by undertaking a three-stage enquiry into (i) express choice, (ii) implied choice and (iii) closest and most real connection.
A search for an implied choice of proper law to govern the arbitration agreement is therefore likely (as the dicta in the earlier cases indicate) to lead to the conclusion that the parties intended the arbitration agreement to be governed by the same system of law as the substantive contract, unless there are other factors present which point to a different conclusion.
Although there are powerful factors in favour of an implied choice of Brazilian law as the governing law of the arbitration agreement, two important factors point the other way. The first is that identified by Toulson J. in XL Insurance v Owens Corning.
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Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts v Veta Ltd
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Putting the question in the traditional terms of the conflict of laws, what connection between Great Britain and the employment relationship is required to make section 94(1) the appropriate choice of law in deciding whether and in what circumstances an employee can complain that his dismissal was unfair?
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Timothy Joseph Lawlor v Sandvik Mining and Construction Mobile Crushers and Screens Ltd
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However, one can see the justice of inferring a choice of law in circumstances where it would not reasonably have occurred to the parties to suppose that a different law might apply. It would lack practical sense to require that they should have contemplated that which would not reasonably have occurred to them.
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Vervaeke (formerly Messina) v Smith
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I venture to propose two other possible choices of the law to adjudge this sort of quintessential validity: first, the lex loci celebrationis; and, secondly and to my mind preferably, the law of the territory with which the marriage has the most real and substantial connection.
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Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
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I must say that I had thought that it is now well settled that it is not legitimate to use as an aid in the construction of the contract anything which the parties said or did after it was made. Otherwise one might have the result that a contract meant one thing the day it was signed, but by reason of subsequent events meant something different a month or a year later.
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The Solvency 2 Regulations 2015
... ... 2019/407), regs. 1(2), 9(6) (as amended by S.I. 2020/1385, regs. 1(2), 54(2) and S.I. 2019/680, regs. 1(3), 10(4)(f) (with reg. 11)) ... Choice of method ... (1) Where the PRA is the group supervisor of a group, the PRA must consult the group F87and the FSC, if the FSC is concerned in the ... ...
- Private International Law (Miscellaneous Provisions) Act 1995
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Unfair Contract Terms Act 1977
... ... 15), s. 100(5), Sch. 4 para. 23; S.I. 2015/1630, arts. 3(g), 4(c) (with art. 6(1)(2)) ... 27: Choice of law clauses ... (1) Where the F19law applicable to a contract is the law of any part of the United Kingdom only by choice of the parties (and ... ...
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Contracts (Applicable Law) Act 1990
... ... Scope of the Convention ... (1) The rules of this Convention shall apply to contractual obligations in any situation involving a choice between the laws of different countries ... Annotations: Commencement Information # I9 Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I ... ...
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Commercial Choice of Law in Context: Looking Beyond Rome
English courts are frequently criticised for their flexible approach to the finding of implied choice and the use of the escape clause in the context of the Rome I Regulation/Convention on the law ...
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THE IMPORTANCE OF CHOICE OF LAW AND FINALITY TO PvP, NETTING AND COLLATERAL ARRANGEMENTS
The authors argue that two of the significant legal issues that must be solved if cross‐border payment versus payment, netting and collateral arrangements are to achieve their full potential involv...
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The Territorial Scope of Employment Legislation and Choice of Law
Traditionally, the determination of the territorial scope of the statutory rights conferred by employment legislation forming part of English law has been regarded as an issue entirely disconnected...
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Choice of law clauses in customer agreements: NASD conduct rule 3110(f)(4)
Most account opening agreements used by US brokerage firms contain a standard predispute arbitration clause requiring customers to submit all disputes relating to the account to arbitration conduct...
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English Contract Law: Choice of Law and Forum Trumped?
In Fern Computer Consultancy Ltd v Intergraph Cadworx & Analysis Solutions Inc [2014] EWHC 2908 (Ch) (29 August 2014), the English High Court analyzed the arguments for and against non-English foru...
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An American Policyholder in London: English Choice of Law Clauses in United States Insurance Policies
While certainly not the norm, it is not uncommon for insurance policies issued to companies based in the United States, particularly large commercial and excess policies brokered on the London Mark...
- Brexit And Choice Of Law Clauses
- Importance Of Making Express Choice Of Law
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Emergency Protection Order (Section 44 Children Act 1989)
Standard directions forms under the Children Act.... ... or another kind of examination, you may ask the court to allow a doctor of your ... choice to be at the examination ... What you should do ... Go to a solicitor as soon as you can ... Some solicitors specialise in court proceedings which ... ...
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Form SSCS4
Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.... ... The tribunal will consider any objection they make and we will let you know the outcome ... Now go to Section 5 ... Section 5 ABOUT YOUR CHOICE OF HEARING ... Appeals are considered by an independent panel. We will make arrangements for your appeal to be heard by the panel and ... your ... ...
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Apply to extend a representation order
Crown Court forms including the form to extend a representation order.... ... one advocate, or to a QC alone ... Regulation 18 of the Criminal Legal Aid (Determinations by a Court and Choice of Representative) Regulations 2013, as amended ... Please refer to the Guidance for Practitioners and court staff on applications ... ...
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Form SSCS2
Social security and child support forms, including notices of appeal to the Department of Work and Pensions, HM Revenue and Customs and the NHS Business Services Authority.... ... The tribunal will consider any objection they make and we will let you know the ... Now go to Section 7 ... Section 7 ABOUT YOUR CHOICE OF HEARING ... Appeals are considered by an independent panel. We will make arrangements for your appeal to be heard by the panel and ... you, your ... ...