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.
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 payment – subject 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? 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. 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.
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).