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Part III Liability and Recovery in Multistate Litigation, 4 The Dynamics of Choice of Law

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 May 2024

Subject(s):
Rome I Regulation and choice of law — Overriding mandatory rules — Public policy — Non-contractual obligations — Concurrent claims
4.01 The principal operations in multistate litigation, forum selection, and engineering settlement, are dictated in part by the law applicable in any given forum to issues of liability and recovery. Moreover, whatever the practical importance of disputes concerning jurisdiction and injunctive relief, neither a claim nor a defence can be formulated without considering issues of liability. In cross-border litigation this inevitably exposes issues concerning the law (or laws) governing the substance of a dispute. In contractual disputes, the starting point (and the...
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