Choice of Law in UK Law

Leading Cases
  • Sulamérica Cia Nacional de Seguros SA and Others v Enesa Engelharia SA and Others
    • Court of Appeal (Civil Division)
    • 16 mai 2012

    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.

  • Timothy Joseph Lawlor v Sandvik Mining and Construction Mobile Crushers and Screens Ltd
    • Court of Appeal (Civil Division)
    • 22 avr. 2013

    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.

  • Arsanovia Ltd and Others v Cruz City 1 Mauritius Holdings
    • Queen's Bench Division (Commercial Court)
    • 20 déc. 2012

    Express terms do not stipulate only what is absolutely and unambiguously explicit, and it seems to me strongly arguable that that is the ordinary and natural meaning of the parties' express words (notwithstanding relatively recent developments in the English law about the separability of arbitration agreements from the substantive contract in which it was made and assuming that these foreign companies are to be taken to have known about the developments in 2008 when they concluded the SHA).

  • Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts v Veta Ltd
    • House of Lords
    • 27 jan. 2006

    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?

  • Donohue v Armco Inc. and Others
    • House of Lords
    • 13 déc. 2001

    But the general rule is clear: where parties have bound themselves by an exclusive jurisdiction clause effect should ordinarily be given to that obligation in the absence of strong reasons for departing from it.

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  • Consumer Rights Act 2015
    • England & Wales
    • 1 janvier 2015
    ...... . . this Chapter, except the provisions in subsection (2), applies despite that choice. . (2) The exceptions are-. . . (a) sections 11(4) and (5) and 12;. . . (b) sections 28 and 29;. . . (c) section 31(1)(d), (j) and (k). . ......
  • Unfair Contract Terms Act 1977
    • UK Non-devolved
    • 1 janvier 1977
    ......the territory of a State other than that within whose. territory those acts were done. S-27 . Choice of law clauses. 27 Choice of law clauses. . (1) Where the proper law of a contract is the law of any. part of the United Kingdom only by choice of ......
  • Private International Law (Miscellaneous Provisions) Act 1995
    • UK Non-devolved
    • 1 janvier 1995
    ......; to make further provision as to marriages entered into by unmarried persons under a law which permits polygamy; to make provision for choice of law rules in tort and delict; and for connected purposes. . [8th November 1995] . . B e it enacted. by the Queen's most Excellent Majesty, by ......
  • Contracts (Applicable Law) Act 1990
    • UK Non-devolved
    • 1 janvier 1990
    ...... SCH-1.1 .   . 1. The rules of this Convention shall apply to contractual obligations in any situation involving a choice between the laws of different countries. SCH-1.2 .   . 2. They shall not apply to: . . (a) questions involving the status or legal capacity of ......
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