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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 always apply the laws normally applicable in its jurisdiction (for example a French court will always apply exclusively French law)
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 appoint an arbitrator who will decide
2.
What is conflict of laws?
1
A benchmarking of laws
Also known as private international law, conflict of laws addresses situations where a legal issue transcends the borders of a single jurisdiction
A competition between laws
3.
What is applicable law?
1
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).
Applicable law is a substantive law.
