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RESOLVING COMMERCIAL DISPUTES - Coggle Diagram
RESOLVING COMMERCIAL DISPUTES
Litgation
Jurisdiction
Procedural Law: Process to follow in court
Substantive Law: Rules of case
Determine which court to approach/which court has the jurisdiction in matter.
Territorial jurisdiction
Rem jurisdiction
Subject matter jurisdiction
Personam Jurisdiction or jurisdiction over the person
Jurisdiction in the Internet age
The principle of “minimum contacts”
Obtaining jurisdiction by service of process.
The legal doctrine of Forum Non Conveniens
Forum shopping
Forum selection clause in their contracts
Conflict of laws
Closest relationship to a breach of contract?
Place of contract performance
Location of the subject matter and the domicile, residence, nationality, place of incorporation
Place where the contract was negotiated
Place of business of the parties
Place of contracting
Choice of law clauses in conjunction with a forum selection agreement.
Enforcement of foreign judgements
Foreign judgements may be recognised and enforced in another jurisdiction if there is a bilateral treaty between these countries.
Commercial disputes with nations
When governments act in their capacity as a sovereign it is very difficult to bring them to answer in court.
When they act in a commercial capacity it is easier