The following Dispute Resolution Q&A produced in partnership with Tom Montagu-Smith QC of XXIV Old Buildings provides comprehensive and up to date legal information covering:
There is no requirement that all issues in a claim must be decided by reference to the same system of law. In very many cases, the court must apply one system of law to one set of issues and a different law to others.
This situation very often arises, for example, where the issue is whether an act—such as agreement to a contract—purportedly done on behalf of a company, was authorised. Questions of actual authority will generally be decided by reference to the law of the country of the company’s incorporation. The question of the validity of a purported contract is generally decided by reference to the putative law of the contract. This may include questions of apparent authority. This can lead to multiple systems of law being engaged to determine the question of authority.
Similarly, where there are multiple pa
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