Other Legal Systems and Traditions Sample Clauses

Other Legal Systems and Traditions. ‌ The commonly adopted categorisation of legal jurisdictions as being governed by either civil, common or Xxxxx'ah law is not exhaustive. Any of those legal systems when applied in a particular jurisdiction is applied variably and is influenced by other legal elements present in that jurisdiction. Those other elements may include customary laws or statutes, ordinances or other legal instruments operative in the jurisdiction. Customary law, for example, may affect land tenure or property title or rights, create co-existent rights (for example, in favour of local indigenous peoples) or regulate how natural resources may be exploited. Examples of such laws are to be found in many developing economies. Statutes, ordinances and other legal instruments may modify both the content and application of the principles generally associated with a mainstream legal system applicable in a jurisdiction. Such elements might range from instruments issued by superior courts as to the meaning of an applicable arbitration law, as in the case of interpretations issued in China, to instruments that create hybrid legal mechanisms that do not fit into one of the categories of primary legal systems (e.g., the processes for Xxxxx'ah law rulings in Malaysia). Before deciding to apply the law of a jurisdiction parties should familiarise themselves with the laws of the relevant jurisdiction insofar as those laws might affect the conduct of a dispute resolution process. Generalisations about the content of the particular primary legal system (i.e., common law compared to civil law, and so on) in operation in a jurisdiction should be resisted. This familiarisation should involve assessing the recent trend in the relevant domestic jurisprudence and, for example, whether the courts of the jurisdiction display a pro arbitration or pro alternate dispute resolution attitude.