The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note explains what is meant by applicable law, also known as governing law, proper law or the choice of law ie the law used to determine the dispute between parties. The term does not include procedural law. The Practice Note sets out which applicable law regime applied by the courts of England and Wales, this will vary depending on whether the dispute is contractual or non-contractual and, if contractual, whether the parties agreed the applicable law through a choice of law clause and, if so, whether the agreement was varied after a contract has been entered into.
Cross-border issues in disputes can arise very easily in a world where international travel, trade and communication is the norm. Contracts are concluded on a daily basis between parties operating on in different countries and different continents, goods and services are delivered across national borders and people have accidents in countries other than those in which they habitually live and work.
Where there is a cross-border element to a claim, there are three key questions for parties and their lawyers:
in which country should the claim be commenced? (the jurisdiction question)
which country’s laws will be applied by the court hearing the dispute? (the applicable law question)
where can any judgment obtained be enforced? (the enforcement question)
These questions raise issues which are interrelated and should be
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
IntroductionShari'ah (also Sharia, Shariah or Shari’a) (literally, in Arabic, 'the path towards the watering place') or Islamic law is the legal system of the religion of Islam that sets out a system of duties or code of conduct for individuals to follow so that they may live their life in a
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.