This is an extract of our Opinion Writing For Icp document, which we sell as part of our International Commercial Practice Notes collection written by the top tier of City Law School students.
The following is a more accessble plain text extract of the PDF sample above, taken from our International Commercial Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Opinion Writing for ICP 2 sections to this kind of opinion - procedural part, liability/quantum part Set out your instructions Factual background Legal analysis Firstly briefly explain whether dealing with litigation or arbitration - i.e. is there a valid arbitration agreement/clause? Why/why not?
1. Is the person you want to sue in an EU or non-EU country?
2. Jurisdiction (i) Service in - registered office?
If not: Will they submit to jurisdiction if we write to them and ask (if they do submit they'll say their solicitors will accept here)?
Probably not: (ii) Service out - without notice = permission PD 6B Gateways? Which are relevant? Name all possible gateways that could be used If you sue the gateway about UK law being applicable - put yes 'see below in para __ where we address applicable law' (later on in the opinion) Then forum non conveniens: Why might the other country be appropriate? - Spiliada case factors.
- Witnesses here or there?
- Goods currently here or there?
- Goods constructed here or there?
- Potential chain of claims linked to this one?
- What is applicable law?
Generally if debate over where to have it, some countries don't tend to accept jurisdiction over UK - UK is quite likely in practice. And show 'reasonable prospects of success' Say on this 'see below at para __' where you deal with merits on liability and quantum
3. Applicable law - Rome 1 and 2 Rome 1 if contract claim (is usually a contract claim not a tort claim)
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