- Applicable law
This chapter discusses the conflict of laws. Conflict of laws questions are typically analysed under three heads: jurisdiction; choice of law; and the enforcement of foreign judgments. Questions of jurisdiction refer to the rules that determine whether or not an English court will assume jurisdiction over a particular dispute. Choice of law questions arise where an English court (having jurisdiction to determine a dispute) is presented with a dispute, or issues arising out of a dispute, having a foreign law element; choice of law rules provide the mechanism for determining what law should apply to which issue. Meanwhile, issues relating to the enforcement of foreign judgments refer to the rules which determine when a foreign judgment is enforceable in an English court. Since no special issues of enforcement arise in the assignment context, this chapter focuses on questions of jurisdiction and choice of law.