This Overview considers the principles relevant to determining the applicable or governing law of a dispute.
For a general oversight, see Practice Note: Applicable law—a guide for dispute resolution practitioners
For guidance on determining the applicable law, see:
Determining applicable law—contractual disputes—overview
Determining applicable law—non-contractual disputes—overview
Applicable law—foreign law—overview
Note that the applicable law is only one consideration when dealing with a cross border dispute. For an insight into the different considerations, see: Cross border considerations—checklist.
Applicable law is the law applied by the court to determine a dispute between the parties. This may be stipulated within the contract between the parties, where it is generally referred to as the governing law clause.
In cases in which there is no valid governing law clause, eg the contract does not contain such a clause or the dispute is non-contractual, the applicable law is determined by the court in accordance with a specific applicable law regime as set out in a relevant regulation, convention or in legislation. In common law countries such as England and Wales, the
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Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to
Enforcing foreign judgments—common law principlesThis Practice Note considers the recognition and enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in England and Wales with the foreign judgment as the cause of action. The Practice Note
Cross-border service—application for permission to serve outside England and WalesThis Practice Note provides assistance when making an application to obtain the courts’ permission to serve the claim form outside the jurisdiction of the English and Welsh courts (referred to as the English courts in
Hague Service Convention—service outside the jurisdictionThis Practice Note considers the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters (1965) (the Hague Service Convention). The convention applies between contracting parties and sets out
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