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1 Introduction

From: Employment Contracts and Private International Law (2nd Edition)

Louise Merrett

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 April 2024

Subject(s):
Choice of court and employment contracts — Employment contracts — Jurisdiction and defendant’s location — Jurisdiction and the English courts — Jurisdiction over contracts of employment — Employment

This introductory chapter provides an overview of the private international law issues which arise in connection with international employment contracts. In all cases involving an international employment contract, before the court or tribunal can consider the merits of any dispute, three questions will need to be addressed: (1) Does the court have jurisdiction to hear the case? (2) What law should the court apply to decide the case? (3) Assuming English employment law applies, does the claim or claimant fall within the scope of the relevant provision? Issues of jurisdiction, choice of law, and territorial scope are conceptually distinct. However, this does not mean that common principles do not apply or that parallels cannot be drawn. The chapter then considers the confusion over 'jurisdiction', differentiating between international and domestic jurisdiction and territorial scope.

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