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Article: Forum Non Conveniens - The English Approach to Deciding Which Jurisdiction Governs a Dispute.
- Article from:
- Mondaq Business Briefing
- Article date:
- August 21, 2006
- Author:
CopyrightCOPYRIGHT 2006 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Introduction
It is common practice for commercial contracts to stipulate which country's laws will govern that particular contract. Such stipulations, often contained in clauses entitled "governing law" or "jurisdiction" are, more often than not, of little consequence to the parties as the either the performance of the contract takes place within that jurisdiction, all parties are based in that jurisdiction or the chosen jurisdiction has a favourable legal system in place.
Problems arise in cases where there is a dispute under a contract with an international element. The parties in question may not be based in the same country, or the performance of ...