Choice of Law Rules Sample Clauses

Choice of Law Rules. 4.1 How is the law applicable to the substance of a dispute determined? The law applicable to the substance of the dispute is determined by the parties. However, if the parties abstained to make any selection, Qatari law shall apply when the arbitration is sited in Qatar (cf. Art. 198 of the Code of Civil and Commercial Procedure: if it is agreed to hold the arbitration in Qatar, the laws of the State of Qatar shall be applicable to all elements of the dispute, unless otherwise agreed by the parties). The parties may authorise the arbitrators to rule in equity (amiable composition), provided that the latter do not contravene the Qatari rules of public policy (Art. 198). Under the QICCA rules and the QFC arbitration regulations, failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.
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Choice of Law Rules. 4.1 How is the law applicable to the substance of a dispute determined? The law applicable to the substance of the dispute is determined by the parties. In the absence of an express choice, the arbitral tribunal will determine the applicable substantive law on the basis of the relevant rules of private international law (e.g. those laid down in EU Regulation Rome I).
Choice of Law Rules. 4.1 How is the law applicable to the substance of a dispute determined? If the parties have an Indian nationality (and in the case of companies if they are incorporated in India) the tribunal can only apply Indian law to the substance of the dispute. In other cases, the parties may either make an express choice of law or the proper law may be inferred from the terms of the contract and surrounding circumstances. It is the law with which the contract is most closely connected with. Factors such as the nationality of the parties, the place of performance of the contract, place of entering into of the contract, place of payment under the contract etc. can be looked at to ascertain the intention of the parties. The proper law of the arbitration agreement is normally the same as the proper law of the contract. Where, however, there is no express choice of the law governing the contract as a whole, of the arbitration agreement as such, a presumption may arise that the law of the country where the arbitration is agreed to be held is the proper law of the arbitration agreement. But this is only a rebuttable presumption. (NTPC x. Xxxxxx Co. (1992) 3 SCC 551.) India
Choice of Law Rules. 3078 CCQ  Discusses the “characterization” of property as moveable or immoveable. Determine the law of the place where the property is situated. May be difficult b/c material may be bounced around & in pieces through out various legal jurisdictions. 3097 CCQ  Real rights & their publication are governed by the law of the place where the property is situated. Third paragraph states, however, that where materials are in transit then they are governed by the law of the place of their destination. I.e. if the destination of X-material is Montreal then the real rights in connection w/ that property will be determined by QC law. 3102 CCQ  Moveable security validity is determined by the law of the country of which (1) the property is charged with at the time of creation & (2) publication of effects thereof are determined where the property is now situated. 3105 CCQ  Validity of security on a movable corporeal security ordinarily used in more than one country or charged on an incorporeal movable (i.e. CR or claims) may be governed by the law of the country where the grantor is domiciled Meaning where the producer of the film is domiciled – hence if he lives in QC & is granting security in corporeal or incorporeal objects that is ordinarily used in more than one country QC law will apply. Americans have problems with this, they also want to make sure that American laws will also respect their security in X-corporeal or incorporeal objects, regardless if QC “should” apply or not. “Play it safe! Especially if you’re the bank – ensure you have security that will be recognized regardless of the court’s decision what is the proper law!” Screenplay CR Security Plan: [U.S.] First thing to do when producing a film is to ensure that US CR has been registered in the CR office & if it was not a WMFH then secondly one must record that CR is to vest in the producer. Thirdly, there must be a grant of security in favour of the bank that is called a recordation in the CR office in the U.S. You would however still register under the UCC in the US to ensure that security is valid. This is vital [see Peregine Entertainment]! [Q.C.] Where QC the producer is domiciled in QC, 3105 CCQ will be relevant & there will be a hypothec used (real right in the property – right in rem). R. to follow, take the property in paymentsubject to Rs of 3Ps. R to cause the property to be sold judicially, where the parties would then line up to collect proceeds of the sale – of which disposi...
Choice of Law Rules. 4.1 How is the law applicable to the substance of a dispute determined? In case of international arbitration the arbitral tribunal shall decide Bulgaria the dispute in accordance with the law chosen by the parties, whereas any designation of the applicable law shall be construed - unless otherwise expressed - as referring to the substantive law and not to the conflict of law rules of that country. (Article 38 (1) of the ICAA.) If parties have not designated any particular law to be applicable in their case the arbitral tribunal shall apply the law determined by the conflict of law rules which it considers applicable. In case of domestic arbitration the arbitral tribunal shall decide the dispute in accordance with the Bulgarian substantive law. It could apply a foreign law which has been chosen by the parties or determined by it according to the applicable conflict of law rules only in cases that include an international element which - according to the rules of Bulgarian international private law - would lead to the application of a foreign law.

Related to Choice of Law Rules

  • Choice of Laws Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the laws of the State of New York without regard to the application of its conflicts of law principles.

  • Choice of Law The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of California.

  • CHOICE OF LAW: VENUE This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Xxxxxx County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

  • Choice of Law; Jurisdiction This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the principles of conflict of laws. The parties further agree that any action between them shall be heard in New York County, New York, and expressly consent to the jurisdiction and venue of the Supreme Court of New York, sitting in New York County, New York and the United States District Court of the Southern District of New York, sitting in New York, New York, for the adjudication of any civil action asserted pursuant to this Agreement.

  • CHOICE OF LAW & FORUM The state courts of Wisconsin shall be the sole forum for all disputes arising of this Contract. The validity, construction, enforcement and effect of this Contract shall be governed solely by the laws of the State of Wisconsin.

  • Choice of Law and Venue This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas. Any proceeding, claim, action, or alternative dispute resolution arising out of or relating to this Agreement or involving TIPS shall be brought in a State Court of competent jurisdiction in Camp County, Texas, or if Federal Court is legally required, a Federal Court of competent jurisdiction in the Eastern District of Texas, and each of the Parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or and contemplated transaction in any other court. The Parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the Parties irrevocably to waive any objections to venue or to convenience of forum.

  • Choice of Law and Jurisdiction California law, without regard to its choice-of-law provisions, governs this Agreement. The parties shall attempt in good faith to resolve informally and promptly any dispute that arises under this Agreement. Jurisdiction for any legal action arising from this Agreement shall exclusively reside in state or federal courts located in California, and the parties hereby consent to the jurisdiction of such courts.

  • CHOICE OF LAW AND FORUM This contract shall be deemed made in Durham County, North Carolina. This contract shall be governed by and construed in accordance with the law of North Carolina. The exclusive forum and venue for all actions arising out of this contract shall be the North Carolina General Court of Justice, in Durham County. Such actions shall neither be commenced in nor removed to federal court. This section shall not apply to subsequent actions to enforce a judgment entered in actions heard pursuant to this section.

  • Forum and Choice of Law The parties deem the Contract to have been made in the City of Hartford, State of Connecticut. Both parties agree that it is fair and reasonable for the validity and construction of the Contract to be, and it shall be, governed by the laws and court decisions of the State of Connecticut, without giving effect to its principles of conflicts of laws. To the extent that any immunities provided by Federal law or the laws of the State of Connecticut do not bar an action against the State, and to the extent that these courts are courts of competent jurisdiction, for the purpose of venue, the complaint shall be made returnable to the Judicial District of Hartford only or shall be brought in the United States District Court for the District of Connecticut only, and shall not be transferred to any other court, provided, however, that nothing here constitutes a waiver or compromise of the sovereign immunity of the State of Connecticut. The Contractor waives any objection which it may now have or will have to the laying of venue of any Claims in any forum and further irrevocably submits to such jurisdiction in any suit, action or proceeding.

  • Choice of Law clauses with TIPS Members If the vendor is awarded a contract with TIPS under this solicitation, the vendor agrees to make any Choice of Law clauses in any contract or agreement entered into between the awarded vendor and with a TIPS member entity to read as follows: "Choice of law shall be the laws of the state where the customer resides" or words to that effect. 3

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