Resolving International Commercial Disputes :, - Coggle Diagram
Resolving International Commercial Disputes :
Cutural Attitudes toward disputes -
Alternative Dispute Resolution
Discovery of evidence
Trial by Jury
Issue of Damages
Rights to appeal
Substantive Law :
Broad but for each part of law - legal system differ
Choice of law clause
Jurisdiction - power of the court to hear and decide a case. NB: Venue is also important in a sense is a geographical location of a count of competent jurisdiction.
Jurisdiction Key concepts
Territorial - power of teh court to hear and decide a case is said to be a competent court
In rem - power over property within its geographical boundaries
Subject matters - jurisdiction over certain types pf cases like torts and contracts.
In Personam Jurisdiction - jurisdiction over a person
Jurisdiction in the European Community
Jurisdiction in the Internet age - electronic commercial
Enforcements of Foreign judgements - in this case the winning party can obtain judgement for damages and other awards.
Choice of law clauses - clauses in which parties stipulate the country or jurisdiction whose law will apply in interpreting the contract or enforcing the items.
Application to Torts / delicts factors -
things such as place where the injury occurred, place conduct causing the injury occurred
Applications to contracts Factors
things such as place of contract, places where contract was negotiated, place of contract performance
Commercial disputes with nations
Sovereign Immunity - protects foreign government from suits when they acting as political entities
Exception - when foreign government operate business with an intention to make profits , they have sued in court as a corporation.