Practice Question 1 PDF

Preview

Summary

practice question...

Description

Filip Saranovic

Practice Question 1 Which jurisdiction regime applies in each of the following situations? Does the recast regulation apply or do we apply common law of jurisdiction?. order of analysis: art 6, art 24, 25 Recast. a. Calgrow, a California corporation, wishes to sue Britmart a UK company, in England for breach of contract. Recast regulation cause the defendant if domiciled in the EU. Important is art 6. b. Calgrow, a California corporation, wishes to sue Delco, a Delaware corporation, for ownership of land in England. Recast regulation, art 24 from art 6. c. Britmart, an English company, wishes to sue Calgrow, a California company, in England for breach of contract. Art 24, 25 don’t apply. English common rules of jurisdiction apply. d. Britmart, an English company, wishes to sue Calgrow, a California company, in England for breach of contract. Their contract contains an agreement to submit any disputes to the jurisdiction of the English courts. Art 6 takes us to 26 recast applies. e. Britmart, an English company, wishes to sue Calgrow, a California company, in England for breach of contract. Their contract contains an agreement to submit any disputes to the jurisdiction of the English courts. The breach was committed in California. Recast regulation applies, art 25. f. Calgrow, a California corporation, wishes to commence arbitration proceedings against Britmart a UK company, in England, for breach of contract. Recast doesn’t apply= art 2.1d excludes arbitration from the recast g. Britmart, an English company, wishes to sue Calgrow, a California company, in England for breach of contract. Their contract contains an agreement to submit any disputes to the jurisdiction of the courts of New York. Common law rules of jurisdiction...