LPC Law Notes International Commercial Law Notes
A collection of the best notes for new University of Law module 'International Commercial Law' the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of International Commercial Law notes available...
The following is a more accessible plain text extract of the PDF sample above, taken from our International Commercial Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
MUST GO TO PAGE 160 for FLOWCHART
BASIC RULE = Defendant is sued in the courts of his home country unless an Exception applies:
Exceptions = Contracts,
Torts,
situation where the Defendant has a local branch office,
real property,
companies,
intellectual property rights (IP),
insurance,
Consumer contracts, and Employment matters
By Art.23 Basic Rule CAN be contracted out
SPECIAL JURISDICTION:
Art.5(1)(a) Contract: if dispute is a contract matter then, there is an option of suing D in the MS where the contract should have been performed
Art.5(1)(b) Sales of Goods Contract: it is presumed that “place of performance of the obligation in question” is the MS where the goods were delivered or should have been delivered.
Art.5(3) Tort: D may be sued in the courts of MS where the harmful event occurred or may occur
Art.5(5) Branch Office: if D has a branch or office in another MS D may be sued there if dispute arises out of the operations of that branch or office.
By Art.23 Special Jurisdiction CAN be contracted out
EXCLUSIVE JURISDICTION: OVERRIDES the Basic Rule and Special Jurisdiction
Art. 2 Land: The MS where the land is situated has exclusive jurisdiction
Art. 2 Constitution or Dissolution of Co.’s: The MS where the Co. has it seat (i.e. Reg Office)
Art. 2 IP Rights: registration or validity of IP rights, MS where rights are registered or applied for
By Art.23 Exclusive Jurisdiction CANNOT be contracted out
THE WEAK PARTY:
Art. 15 to 17 Weak party can only be sued in his own courts
Art. 15 to 17 Weak party can chose the court where it will sue the other party
Applies to INTERNET consumer (i.e. internet seller can be sued anywhere)
By Art.23 CAN be contracted out
FIRST TO FILE
By Art.21 Court first involved in proceedings will generally have jurisdiction unless it declines
By Art.27 & 28 Judgements obtained in MS must be recognised and enforced
ELECTROSTEEL Europe SA v Edil Centro
the reference was made to obtain the correct interpretation of the expression ‘place...
Buy the full version of these notes or essay plans and more in our International Commercial Law Notes.
A collection of the best notes for new University of Law module 'International Commercial Law' the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of International Commercial Law notes available...
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