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Private International Law
Sciences Po Paris
Spring 2017
Case studies
Giuditta Cordero-Moss, Ph.D., Dr.Juris
Professor, Oslo University
Choice of law
• An Italian seller and a US buyer enter into a sales contract
• Which law governs the contract?
• If there is a governing law clause
• Which PIL regulates the parties’ choice of law?
• If there is no governing law clause
• Which PIL regulates the choice of law?
Qualification
• One of the disputed issues is whether a claim is time barred
• Under US law, the claim is time barred
• Under Italian law the claim is not time barred
• Which law shall determine the qualification of the matter?
• If the court is in California
• If the court is in Italy
• What is the result of the qualification?
• If the court is in Italy and the seller is Italian
• If the court is in Italy and the Seller is US
Which conflict rules?
• A company registered in Germany has its main seat in the USA. A dispute arises about the
validity of a decision by the Board of Directors.
• According to German PIL, matters of company law have to be decided according to the
company law of the country where the main seat is located.
• According to USA PIL, matters of company law have to be decided according to the
company law of the country where the company is registered.
• Which conflict rules shall the German court apply?
Which court?
• Norwegian seller
• Italian buyer
• Delivery of the goods to be made in Norway
• The goods do not comply with contract, buyer pays only part of the price
• Which court has jurisdiction?
• If the seller sues to obtain payment
• If the buyer sues to obtain specific performance
Effects of the parties’ choice
• Governing law clause chooses Italian law
• The Norwegian party invokes Norwegian rules on limitation of
actions, that are mandatory
• Norwegian court
• Shall the court apply mandatory rules of its own law, or shall it apply
only the chosen law?
Scope of the parties’ choice
• Governing law clause chooses Norwegian law
• The Italian party alleges it lacks legal capacity according to Italian law
• Norwegian court
• Shall the court apply only the chosen law, or shall it apply also the
laws of each of the parties?
Place of performance
• Swap agreement between Norwegian and German bank
• Place of performance of monetary obligations:
• German law: debtor’s place
• Norwegian law: creditor’s place
• How do you define place of performance?
Which court?
• Norwegian producer buys from a Swedish supplier spare parts to be included in its
products
• The Swedish supplier buys some components from Germany, assembles them in its
plant in Sweden and sells them to the Norwegian producer
• The spare parts are assembled in the Norwegian producer’s products and sold
worldwide
• The components from Germany are defective, therefore the spare parts the
Swedish producer sells to the the Norwegian producer are defective
•
• Which court has jurisdiction on the Norwegian producer’s claim against
the German sub-supplier?
Which court?
• Norwegian producer negotiates with a potential Swiss buyer
• The buyer obtains a prototype, breaks off the negotiations and has
the products manufactured in China
• Where can the producer bring action against the potential buyer?
Which law?
• Norwegian producer sends its raw materials for processing to a Russian plant
• According to the tolling agreement, the property of the materials is at all time with the
Norwegian producer
• The Russian plant uses the materials in its possession as security for a loan it takes with
a Russian bank
• The Russian bank is not aware that the materials are not the property of the Russian’s
borrower
• The loan is defaulted, and the Russian bank exercises its security rights on the materials
• Which country’s law governs?