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You might find this of interest: https://www.qlts.com/blog/why-english-law-governs-most-international-commercial-contracts https://www.qlts.com/blog/why-englis
by growlist 8y ago
You might find this of interest:
https://www.qlts.com/blog/why-english-law-governs-most-international-commercial-contracts https://www.qlts.com/blog/why-english-law-governs-most-inter...
- NicoJuicy 8y ago> QLTS is the official fast-track route that enables foreign lawyers to qualify as solicitors in England and Wales. Not really an independent opinion so it seems. It would surprise me if they suggested something else, considering their business. Everyone can find someone to agree with on the internet :) International people have been judged in "Den Haag" a lot more than anywhere else. Here are my "opinionated" sources: > The International Court of Justice (abbreviated ICJ)[1] is the principal judicial organ of the United Nations (UN). It settles legal disputes between member states and gives advisory opinions to authorized UN organs and specialized agencies. ( https://en.m.wikipedia.org/wiki/International_Court_of_Justice https://en.m.wikipedia.org/wiki/International_Court_of_Justi... ) > Theresa May has failed to get the EU to agree that Britain will retain a voice at the European court of justice in return for her concession that the Luxembourg court will retain a role in protecting citizens’ rights in the UK after Brexit. ( https://www.theguardian.com/politics/2017/dec/07/brexit-uk-fails-to-retain-voice-in-european-court-of-justice https://www.theguardian.com/politics/2017/dec/07/brexit-uk-f... ) Personal: haven't ever heard a UK court settle for international affairs. Hague is the only one I remember from events ( eg. Khadaffi, Bemba, ... )
- growlist 8y agoAd hominem.
- hkt 8y agoThe examples you have given are interesting because they are recent and the province of international agreements. I wonder if English law is used widely in other places and for different agreements as part of a legacy of empire?
- flexie 8y agoIn so far as the empire spread the English language. Otherwise, I am not so sure. I have never heard in a negotiation that a party wanted English venue with reference to the British Empire, respect of English courts or similar. It's simply more convenient due to the language. Usually it's a matter of negotiation. In a contract between a French and a German company, the French lawyer will suggest French law and venue, the German lawyer will suggest German law and venue. If either of them have sufficient bargaining power, it may very well prevail. Among equal parties, a compromise would usually involve selecting a "neutral" legal system and venue. English is the language everyone knows, so usually English is chosen. It's not always UK. Sometimes it Hong Kong or Singapore (typically if a party is Asian). Sometimes it's New York. Generally, European lawyers are wary of American courts and American law with its exotic remedies such as punitive damages. Also, between Europeans it seems unnecessary to go to another continent for arbitration.