Conflict of laws – ‘It is sufficient to say that the party relying upon art. 3 must demonstrate with reasonable certainty that the parties have chosen a particular law as the governing or applicable law. ‘
Judges:
Clarke J
Citations:
[1996] I Lloyd’s Law Rep 380
Jurisdiction:
England and Wales
Cited by:
Cited – Land Rover Exports Limited v Samcrete Egypt Engineers and Contractors S A E CA 21-Dec-2001
The defendant appealed an order refusing a stay of the proceedings on the grounds of forum non conveniens. The contract of guarantee contained no choice of law clause, but the contract under which it was made set English law as the jurisdiction. The . .
Cited – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .
Cited – British Arab Commercial Bank Plc v Bank of Communications and Another ComC 17-Feb-2011
Blair J said: ‘It is not in dispute that, . . it must be a ‘real choice’ which the parties had a clear intention to make. A tacit choice must only be found where it is reasonably clear that it is a genuine choice by the parties (See Clarke J’s . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 27 November 2022; Ref: scu.182314