International Commercial Litigation Essay

4298 WordsApr 14, 201118 Pages
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. ____________________________________________________________ ____________ 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

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