£300

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Civil & Commercial Cross-Border Claims - Applying the correct law

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Central London TBA

Central London TBA

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CIVIL & COMMERCIAL CROSS BORDER CLAIMS – Applying The Correct Law

Fully updated for 2018 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured dvice outlines for all case studies | 6 CPD Points

Presenter; Graeme Wood. See biography HERE

Overview

This is a sister-session to 'Cross Border Claims in the EU – Dealing with Jurisdiction Issues' and will be of interest and relevance to any legal practitioner whose practice encompasses cross-border litigation within the territory of the EU. It will also be relevant to any corporate manager, executive or business person who has dealings with companies in any EU member state. These programs together provide invaluable knowledge and insight for those involved with EU cross border disputes. Against a background of practical case studies, the session will explore the impact on EU cross border litigation of 2 key European instruments – the Rome I and II Regulations.

Example areas covered during the program

Applicable Law Non-contractual obligations

  • The Rome II Regulation on non-contractual obligations
  • What does the Regulation seek to achieve - another piece in the jigsaw towards an EU wide code of civil procedure?
  • Relationship between the Regulation and other EU enactments
  • To what form of actions will the Regulation apply?
  • From when does the Regulation apply?- (Art 31)
  • Law applicable to evidentiary and procedural matters - Art 15
  • Which law applies to the assessment of damages?
  • Formulae for ascertaining the applicable law - Art 4 (1)-Identifying the country in which the relevant event occurred
  • Rule applicable where C and D have the same habitual residence Art 4 (3)-when is a claim 'manifestly more connected' with another country?

Applicable law - Contractual Obligations

  • Party autonomy-when can the parties choose their own applicable law? What are the limitations on party autonomy?
  • Express choice of Law Rules-Art 3 (1)
  • The alternative - implied choice of law
  • The rules where no express or implied choice is made-Art 4. Which country is the contract most closely connected with?
  • Scope of the applicable law in contractual matters
  • Choice of law rules in particular areas of litigation-product liability, unfair competition, environmental damage, infringement of intellectual property rights, industrial action
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Location

Central London TBA

Central London TBA

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Refund Policy

Refunds up to 1 day before event

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