Conflict of Laws in UK Law
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Raiffeisen Zentralbank Osterreich AG v Five Star General Trading LLC and Others
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The overall aim is to identify the most appropriate law to govern a particular issue. The classes or categories of issue which the law recognises at the first stage are man-made, not natural. They have no inherent value, beyond their purpose in assisting to select the most appropriate law. A mechanistic application, without regard to the consequences, would conflict with the purpose for which they were conceived.
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Kuwait Airways Corporation v Iraqi Airways Company (Nos 4 & 5)
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Conflict of laws jurisprudence is concerned essentially with the just disposal of proceedings having a foreign element. The jurisprudence is founded on the recognition that in proceedings having connections with more than one country an issue brought before a court in one country may be more appropriately decided by reference to the laws of another country even though those laws are different from the law of the forum court.
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Macmillan Inc. v Bishopsgate Investment Trust Plc (No. 3)
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However, classification of an issue and rule of law for this purpose, the underlying principle of which is to strive for comity between competing legal systems, should not be constrained by particular notions or distinctions of the domestic law of the lex fori, or that of the competing system of law, which may have no counterpart in the other's system.
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Buttes Gas and Oil Company v Hammer; Buttes Gas and Oil Company v Hammer (No. 3)
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A second version of "act of state" consists of those cases which are concerned with the applicability of foreign municipal legislation within its own territory, and with the examinability of such legislation-often, but not invariably, arising in cases of confiscation of property.
Leaving aside all possibility of embarrassment in our foreign relations (which it can be said not to have been drawn to the attention of the court by the executive) there are - to follow the Fifth Circuit Court of Appeals - no judicial or manageable standards by which to judge these issues, or to adopt another phrase (from a passage not quoted), the court would be in a judicial no-man's land: the court would be asked to review transactions in which four sovereign states were involved, which they had brought to a precarious settlement, after diplomacy and the use of force, and to say that at least part of these were "unlawful" under international law.
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Boys v Chaplin
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The broad principle should surely be that a person should not be permitted to claim in England in respect of a matter for which civil liability does not exist, or is excluded, under the law of the place where the wrong was committed.
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Belhaj and another v Straw and Others; Rahmatullah v Ministry of Defence and another (No 2)
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The third rule has more than one component, but each component involves issues which are inappropriate for the courts of the United Kingdom to resolve because they involve a challenge to the lawfulness of the act of a foreign state which is of such a nature that a municipal judge cannot or ought not rule on it.
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Arbitration Act 1996
... ... (2) For this purpose the choice of the laws of a country shall be understood to refer to the substantive laws of that country and not its conflict of laws rules ... (3) If or to the extent that there is no such choice ... ...
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Contracts (Applicable Law) Act 1990
... ... to the law applicable to contractual obligations in the case of conflict of laws.[26th July 1990] ... C1Be it enacted by the Queen’s most ... ...
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Merchant Shipping Act 1854
... ... Laws for the Time being relating to Merchant Seamen and to Navigation are not ... Conflict of Laws. 290 Conflict of Laws ... If in any Matter relating to any ... ...
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Arbitration (International Investment Disputes) Act 1966
... ... State party to the dispute (including its rules on the conflict of laws) and such rules of international law as may be applicable.(2) The ... ...
- Book Review: Conflict of Laws
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Choice of Law in Tort—Blending in with the Landscape of the Conflict of Laws?
The reformed choice of law in tort rules contained in the Private International Law (Miscellaneous Provisions) Act 1995 have proved a source of great controversy. This piece attempts to show that t...
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U.K. Supreme Court Asserts Jurisdiction Where Conspiracy Was Hatched in England
Questions on conflict of laws can be fiendishly difficult to decipher. When the U.K. Supreme Court rules on this topic, it is important to take note.... Questions on conflict of laws can be fiendishly difficult to decipher. When the U.K. Supreme ... ...
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UK Law Firm Clifford Chance sponsors third party’s law blog
Not sure I’ve seen a leading law firm in the States sponsor a third party’s blog. But Steve Matthews caught that Clifford Chance, one of the world’s leading law firms with 27 offices in 20 countrie...... ... offices in 20 countries and 3,800 legal advisers, is sponsoring Conflict of Laws, a well trafficked blog on private international law. Steve ... ...
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The King & Spalding Guide to MiFID II Conduct of Business Requirements
MiFID II, which is a package of measures consisting of a revised Directive (the Markets in Financial Instruments Directive), a new regulation (the Markets in Financial Instruments Regulation) and s...... ... and cross border trading and services. Some key conflict of laws issues and ... cross border impacts, such as differences ... ...