INTERNATIONAL LITIGATION law 2010 - Essay Example

Comments (0) Cite this document
Summary
It mentions that this regulation specialises in civil and commercial matter. It specifies which kind of court will deal with the case. The article 1 states that Brussels regulation does not apply to…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.3% of users find it useful
INTERNATIONAL LITIGATION law 2010
Read TextPreview

Extract of sample
"INTERNATIONAL LITIGATION law 2010"

Download file to see previous pages regulation since the parties are from different states and the dispute related to commercial matters as we can see in the article 1 which mentions the scope of this regulation.
Article 2 of the Brussels Regulation gave a general provision that gives a claimant the right to sue in a country where he is domiciled whatever his nationality is. Section 2 of Article 2 says that the rules of jurisdiction applicable to nationals of that state will be applied in such cases.
Article 60 mentions that for the purpose of the Brussels Regulation, a company’s nationality will be deemed to be the state where it has its statutory seat, or central administration, or principal place of business. According to section 2 of this article means of statutory seat in England and Ireland which is the registered office or, the place of incorporation or the place under the law of which the formation took place.
This article add extra jurisdiction for the member state. In the case of sale of goods, a claimant can sue in the different state in some case one of them which mention in section 1 (b) in this article which gave jurisdiction to the place where the goods are delivered or should be delivered.
Article 23 in Brussels Regulation left its optional for the parties domiciled in member state. They have a choice as to which court or courts have jurisdiction to try and decide any dispute that may arise between the parties in connection with a particular legal relationship. But this choice is subject to certain condition. One of the conditions is that there must be an agreement to this effect between the parties. Further, according to the provisions of the regulation, this agreement must be in writing or evidenced in writing.
Applying article 23 of the Brussels regulation on the fact of this case it can be said that only the German courts have jurisdiction that is the right to settle the dispute. This is so because of two reasons
3) Despite the above jurisdiction clause, Black horse ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“INTERNATIONAL LITIGATION law 2010 Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
INTERNATIONAL LITIGATION law 2010 Essay Example | Topics and Well Written Essays - 1500 words. Retrieved from https://studentshare.org/miscellaneous/1562190-international-litigation-law-2010
(INTERNATIONAL LITIGATION Law 2010 Essay Example | Topics and Well Written Essays - 1500 Words)
INTERNATIONAL LITIGATION Law 2010 Essay Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/miscellaneous/1562190-international-litigation-law-2010.
“INTERNATIONAL LITIGATION Law 2010 Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/miscellaneous/1562190-international-litigation-law-2010.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Civil Litigation
...? Civil Litigation Case Personal Injury Practice and Procedure The law on the practice and procedure for personal injury claimsis usually complex and tedious. This is because personal injury cases require concrete evidence to be tabled and intense negotiations between both parties involved in the case. The law is clear on the required procedure to be followed in handling personal injury claims. The solicitors of both parties can agree on the nature and amount of compensation to be made and the case is settled out of court. The essence of this alternative dispute resolution mechanism is time and cost saving. It saves the aggrieved party of waiting for a long trial before gaining any...
12 Pages(3000 words)Essay
Business Litigation Law (International Business Law)
...discussed in the whole paper. Business litigation is a complex issue and area which involves many tort claims and contractual claims. Such claims many include the following fraud, breach of contract, the breach of fiduciary duty, unfair competition, infringement of intellectual property rights and tortuous interference with contract (Law Office 2012). In case any of the above disputes arise in a business setting, and the parties involved are unable to reach a conclusion through negotiation or arbitration, then, business litigation is applied in such instances in order to look for justice and also resolve the issue at hand. Business litigation does not only involve a...
3 Pages(750 words)Essay
Litigation
...case of law (Cheeseman 35). Before litigation is conducted, the case of the conflict experiences several processes including initial pleadings, judgments that take place before the trial, dismissal of the case and settlement of the case. Due to so many phases involved in the litigation process, organizations as well as individuals have to spend lump sum of finances and ample amount of time is wasted in solving the conflict. These proceedings even negatively impact the image of the parties involved in may cause disturbances in day to day running of the business. Due to these heavy risks associated with judicial proceedings, organizations tend to select alternative methods of solving...
3 Pages(750 words)Term Paper
Civil Litigation
...of accomplishing a legitimate cure or else be resistant from one. A consideration of solutions is as a result of huge significance to mutually litigation as well as transactional lawyers. As Tettenborn articulated, that we as individuals have got to forever bear in mind that lawful advice is, by foundation, basically advice as to the preparation probable to be accessible or else unavailable to the consumer. The lawful remedies are maintained, required, established, had, demanded, chosen, preferred, trailed, used, accessible, declined, permitted, attained, honored, distributed, settled, given, offered, shaped, moreover giving standards of court guidelines is not something that existing...
17 Pages(4250 words)Case Study
Law/ civil litigation, injunctions
..., 3rd Edition, Oxford University Press, New York, US. Longley, Diane and James, Rhoda, 1999, Administrative justice: central issues in UK and European administrative law, Cavendish Publishing Ltd, London, UK. Osborne, Craig, 2007, Civil Litigation: Legal Practice Course Guide (2007-2008), Oxford University Press, New York. Penswick, Stuart, 2008 Augsut 14, Sentencing for breach of injunction – what can you look to rely on? Forbes Solicitors, United Kingdom, viewed 9 September 2010 . Ramjohn, Mohamed, 2008, Text, Cases and Materials on Equity and Trusts, 4th Edition,...
16 Pages(4000 words)Essay
Public International Law Academic year 2010-2011 PROBLEM QUESTION
...Public International Law-Academic Year – Problem Question Explain if and why the 1969 Vienna Convention on the Law of Treaties is applicable to the above disputes. The 1969 Vienna Convention on the Law of Treaties is a treaty governing the international laws of treaties, or in other words, a treaty on treaties. It was adopted by its convening states on 22 May 1969 and opened for signatures from 23 May 1969. However, it came to force only from January 27, 1980. While states and countries of the world have ratified this treaty, some others have refrained from ratifying it due to country- specific reasons. Case Scenario involving States...
10 Pages(2500 words)Essay
Civil Litigation and Felonious Law
...).Foundations of criminal and civil law in Canada.Toronto: E. Montgomery. Roesch, R.,& Gagnon, N. (2007). Psychology and law: Criminal and civil perspectives.Aldershot, England: Ashgate. Rogers, R., & Shuman, D. W. (2005). Fundamentals of forensic practice: Mental health and criminal law.New York: Springer. Roleff, T. L. (2003). Criminal justice. San Diego, Calif: Greenhaven Press. Smith, T. L. (2003). Elements of the Laws: Or, Outlines of the system of civil and criminal laws in force in the United States, and in the several states of the Union: designed for general use. Holmes Beach, FL: Gaunt, Inc. Sokolow, G. A. (2000). Native Americans and the law:...
3 Pages(750 words)Essay
Criminal and civil litigation; Mental Health Law
...of Negligence (Hart Publishing Limited, 2009) pp.335 Blomsa Jereon, Mens Rea and Defenses in European Criminal Law (Intersentia Uitgevers N.V., 2012) pp. 500 City Law School (London, England), Professional Negligence Litigation in Practice (Oxford University Press, 2010) Pp.98. Hall Jerome, General Principles of Criminal Law (The Lawbook Exchange, Ltd., 2005) Pp. 425. Joseph Gregory, Civil RICO: A Definitive Guide (American Bar Association, 2000) Pp. 187. Khan Malcolm and Robson Michelle, Clinical Negligence (Routledge, 2012) Pp. 489. Mulheron Rachel, Medical Negligence: Non-Patient and Third Party Claims (Ashgate Publishing, Ltd., 2010)...
20 Pages(5000 words)Coursework
2010 health care reform law
...Re: Improving Health Care Coverage September 19, The Health Care Reform Law provides for improved health care for many Americans but it also consequently imposes burden on the citizens and employers, especially small businesses including self-employed. The most fundamental fact in the implementation of the Patient Protection and Affordable Care Act (PPACA) is the inevitability of having to adapt of all sectors that are involved. A main concern that must be discussed is the penal provision imposed by the legislation. The PPACA, beginning this year, contains an ‘individual mandate’ to purchase insurance coverage much to the apprehension of most people. Without being included in the exception, an individual that must be...
1 Pages(250 words)Essay
Litigation, Censures and Fines
...Litigation, Censures and Fines Introduction Litigation cases concerning national public accounting corporations comprise fines by regulatory bodies and censures by certified societies. Litigation is the expression employed to illustrate proceedings started between two conflicting parties to impose or protect a legal right. It is established by agreement between the sides; however, could also lead to impose of punishments in term of fines and censures in case corporations. In this paper, Ernst & Young incident in 2005, 2006, and 2007 forms the basis of discussion. Question 1 In 2005, 2006, and 2007 audits reports, conducted for Medicis led to Ernst & Young’s litigation of a fine of $2 million to solve charges relating to fraudulent... . It is...
4 Pages(1000 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Essay on topic INTERNATIONAL LITIGATION law 2010 for FREE!
Contact Us