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International Commercial Litigation Essay

  • Submitted by: phamquoctuan
  • on April 14, 2011
  • Category: Social Issues
  • Length: 4,298 words

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Below is an essay on "International Commercial Litigation" from Anti Essays, your source for research papers, essays, and term paper examples.

The English Courts will not decide cases where the cause of action submitted to the English Court is not justiciable and nor will those courts take jurisdiction where the cause of action requires the English Court to enforce a foreign public law

Where a foreign court takes jurisdiction relation to any cause of action, the English courts are obligated to provide the foreign court with any information which that foreign court may need in order to reach judgment on the merits of the case concerned.

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Introduction []

Cause of action submitted o the English Court is not justiciable

As an action is brought, the Court is always concerned about both whether there is a cause of action in that action and if any, it is justiciable. A   cause   of action is defined by Professor   Clark He   as   "an   aggregate   of   operative   facts,   a   series   of   acts   or   events,   which   gives   rise to   one   or   more   legal   relations   of   right-duty   enforceable   in   the courts"'[1]. As such, a   plaintiff can use the cause of action to   obtain   equitable   relief   or   legal   relief. [2] It could be noted that the   core   of   a   cause   of   action   consists   of   a primary right and   corresponding   duty, which   together   with   a breach   of   that   duty [3].

As from the England became a member of the European Community (EC) and officially ratified the laws of the EC, the EC laws are used to regulate the defendants who domicile in the UK or other State Members and the traditional rules of English law are to apply to the defendants domiciling in other countries which are not the Member States.[4] Therefore, in case of a cause of action available, to consider whether a cause of action is justiciable, the English Court will refer to the EC law and the traditional rules for its justification. [VIET THEM DE HIEU RO HON VE NON-JUSTICIBILITY]

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"International Commercial Litigation". Anti Essays. 18 Apr. 2019

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International Commercial Litigation. Anti Essays. Retrieved April 18, 2019, from the World Wide Web: https://www.antiessays.com/free-essays/International-Commercial-Litigation-84283.html