Q&As

In an antitrust case with multiple claimants and defendants would the court apply the applicable law test to each one of the disputes or would they state that there is one applicable law for the whole matter?

read titleRead full title
Produced in partnership with Mr Tom Montagu-Smith, QC
Published on LexisPSL on 10/01/2017

The following Dispute Resolution Q&A produced in partnership with Mr Tom Montagu-Smith, QC provides comprehensive and up to date legal information covering:

  • In an antitrust case with multiple claimants and defendants would the court apply the applicable law test to each one of the disputes or would they state that there is one applicable law for the whole matter?

In an antitrust case with multiple claimants and defendants would the court apply the applicable law test to each one of the disputes or would they state that there is one applicable law for the whole matter?

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

Related documents:

Popular documents