This Overview identifies different issues to be considered when dealing with cross-border disputes and provides an insight into the issues with links to more detailed guidance.
When dealing with cross-border disputes, a myriad of issues will need to be considered such as the impact of a defendant being domiciled outside the jurisdiction or a contractual agreement making provision for the courts of another country to have jurisdiction. The main examples can be seen here:
For a route map through the different issues, in a Q&A table format providing links to underlying content, see: Cross border considerations—checklist.
When dealing with cross-border disputes, the court may determine the substantive dispute by applying either English law or a foreign law. The law applied is known as the applicable law—also known as the governing law, proper law or the choice of law. The parties can agree the applicable law, generally through the use of a governing law clause within a contract, or the court will apply a specific applicable law regime to determine the applicable law. Which regime is applied will vary depending on...
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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
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
Foreign currency claimsThis Practice Note considers the issue of bringing a claim in a foreign currency. In doing so it explains the underlying case law as to whether a claim can be brought in a foreign currency and how to bring such a claim. It also considers how a defendant can challenge a claim
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
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