Applicable law—principles

Copyright © 2026 LexisNexis

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:

  1. •

    Determining applicable law—contractual disputes—overview

  2. •

    Determining applicable law—non-contractual disputes—overview

  3. •

    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

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

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Dispute Resolution News

Foreign law disputes—non-compliance with CMC order risked loss of foreign law defence (Direct Investments Ltd (a company in receivership incorporated in the British Virgin Islands) v Mittal-Goenka)

Dispute Resolution analysis: The court held that the defendants, having pleaded Swiss and UAE law, were required to particularise the specific foreign law principles relied upon before any expert evidence would be permitted. They had failed to comply with an earlier case management order requiring such particularisation and had not appealed or sought to vary it. The court rejected the argument that the claimant should instead plead foreign law first, holding that sequencing is a matter of case management and that the burden lies on the party seeking to displace the presumption of similarity. The Supreme Court’s decision in FS Cairo (Nile Plaza) LLC v Brownlie did not constrain that discretion. Although the court could have excluded reliance on Swiss and UAE law altogether, it granted the defendants a short, final opportunity to particularise, failing which the foreign law issues would fall away.

Challenging the enforcement of foreign judgments—practice, procedure and the relevance of foreign law (Peterson v Republic of Argentina)

Dispute Resolution analysis: The Commercial Court has clarified when expert evidence on foreign law will be permitted in a challenge to the enforcement of a foreign judgment. In a complex and wide-ranging decision, it has also addressed underlying issues of public policy, state immunity and the distinction between commercial and sovereign acts in enforcement against states. From a practical perspective, the court has given guidance on case management issues in high value and complex enforcement proceedings, including the very limited circumstances in which bifurcation will be appropriate in a jurisdictional challenge. The judgment relates to two interlinked applications in the context of the Republic of Argentina's challenge to the recognition and enforcement of a US$16bn US court judgment. Written by Harriet Campbell, senior knowledge lawyer at Penningtons Manches Cooper LLP.

Unless Orders—a ‘flexible if draconian tool’ and other comments on case management decisions (Hughes and others v (1) World Rugby Ltd; (2) The Welsh Rugby Union Ltd; (3) Rugby Football Union)

PI & Clinical Negligence analysis: This case considered whether it is a necessary precondition to making an unless order for the court first to have determined that an order or procedural rule had been breached. It also reaffirmed that the threshold for an appellate court to interfere with a case management decision is high—the first instance judge must have been plainly wrong in making a decision which is outside the generous ambit where reasonable decision makers may disagree. The court also reminded parties of the steps that might be taken to avoid lodging an appeal out of time. Written by Ben Haseldine, barrister at 4 King’s Bench Walk.

Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book

The Courts and Tribunals Judiciary has published the February 2026 interim revision of the Equal Treatment Bench Book (ETBB).

View Dispute Resolution by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Applicable law—common law (contract)

Applicable law—common law (contract)This Practice Note considers when the common law of England and Wales is applied to determine the law applicable to contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is applicable to

Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdictionThis Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or challenge the jurisdiction of the courts of England and Wales (English courts). There

Anti-suit injunctions—principles

Anti-suit injunctions—principlesThis Practice Note considers anti-suit injunctions which are a form of injunctive relief used to restrain a party from either commencing or continuing court proceedings. It explains what an anti-suit injunction is and the power of the courts to grant such an

Enforcing foreign judgments—common law principles

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
Applicable law—common law (contract)

Applicable law—common law (contract)

Applicable law—common law (contract)This Practice Note considers when the common law of England and Wales is applied to determine the law applicable to contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is applicable to

Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdictionThis Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or challenge the jurisdiction of the courts of England and Wales (English courts). There

Anti-suit injunctions—principles

Anti-suit injunctions—principles

Anti-suit injunctions—principlesThis Practice Note considers anti-suit injunctions which are a form of injunctive relief used to restrain a party from either commencing or continuing court proceedings. It explains what an anti-suit injunction is and the power of the courts to grant such an

Enforcing foreign judgments—common law principles

Enforcing foreign judgments—common law principles

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