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International business law: EMBA-BS Y3 2023-24
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Applicable law Quiz
1.
How is the applicable law determined in the absence of a choice of law clause?
1
The court will appoint an arbitrator who will decide
By employing a conflict rule, which is a set of rules considering factors such as the parties’ intent, the location of the relevant operations and events, and the relevant public policy considerations
The court will always apply the laws normally applicable in its jurisdiction (for example a French court will always apply exclusively French law)
2.
What is applicable law?
1
Applicable law is a substantive law.
Applicable law is a conflict rule.
The set of rules and principles that apply to a case (and that a court or arbitrator should apply to a particular case to decide the rights and obligations of the parties involved).
3.
What is conflict of laws?
1
A benchmarking of laws
A competition between laws
Also known as private international law, conflict of laws addresses situations where a legal issue transcends the borders of a single jurisdiction
