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4 Governing Law and Choice of Courts

From: Governing Law Risks in International Business Transactions

Philip R. Wood

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 June 2023

Contract — Express choice — Insolvency clauses and damages — Passing of property

This chapter reviews the essentials of an express choice of governing law for a contract and the choice of courts, as well as governing law and jurisdiction for non-contractual claims, such as torts. It summarises international long-arm jurisdiction, the European Judgments Regulation 2012 and the Hague Convention on Choice of Court Agreements 2005. It surveys the extent to which the governing law is restricted by other laws, such as regulatory and insolvency law. Other areas of law that may override the governing law in a particular jurisdiction include the local criminal law, corporate law, the procedural law of the courts, international conventions, contract law such as doctrines of good faith, and the law of torts or delict. This chapter also reviews non-contractual liabilities, the use of arbitration, and the potential overriding of jurisdiction and arbitration clauses by insolvency statutes.

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