Choice of Law Rules Sample Clauses

Choice of Law Rules. 4.1 How is the law applicable to the substance of a dispute determined? 4.2 In what circumstances will mandatory laws (of the seat or of another jurisdiction) prevail over the law chosen by the parties? 5.1 Are there any limits to the parties’ autonomy to select arbitrators?

Choice of Law Rules. 4.1 How is the law applicable to the substance of a dispute determined? 3.4 Under what circumstances can a court address the issue of the jurisdiction and competence of the national arbitral tribunal? 3.5 Under what, if any, circumstances does the national law of India allow an arbitral tribunal to assume jurisdiction over individuals or entities which are not themselves party to an agreement to arbitrate? 3.6 What laws or rules prescribe limitation periods for the commencement of arbitrations in India and what is the typical length of such periods? Do the national courts of India consider such rules procedural or substantive, i.e., what choice of law rules govern the application of limitation periods?

Choice of Law Rules. 3078 CCQ  Discusses the “characterization” of property as moveable or immoveable. Determine the law of the place where the property is situated. May be difficult b/c material may be bounced around & in pieces through out various legal jurisdictions. 3097 CCQ  Real rights & their publication are governed by the law of the place where the property is situated. Third paragraph states, however, that where materials are in transit then they are governed by the law of the place of their destination. I.e. if the destination of X-material is Montreal then the real rights in connection w/ that property will be determined by QC law. 3102 CCQ  Moveable security validity is determined by the law of the country of which (1) the property is charged with at the time of creation & (2) publication of effects thereof are determined where the property is now situated. 3105 CCQ  Validity of security on a movable corporeal security ordinarily used in more than one country or charged on an incorporeal movable (i.e. CR or claims) may be governed by the law of the country where the grantor is domiciled Meaning where the producer of the film is domiciled – hence if he lives in QC & is granting security in corporeal or incorporeal objects that is ordinarily used in more than one country QC law will apply. Americans have problems with this, they also want to make sure that American laws will also respect their security in X-corporeal or incorporeal objects, regardless if QC “should” apply or not. “Play it safe! Especially if you’re the bank – ensure you have security that will be recognized regardless of the court’s decision what is the proper law!” [U.S.] First thing to do when producing a film is to ensure that US CR has been registered in the CR office & if it was not a WMFH then secondly one must record that CR is to vest in the producer. Thirdly, there must be a grant of security in favour of the bank that is called a recordation in the CR office in the U.S. You would however still register under the UCC in the US to ensure that security is valid. This is vital [see Peregine Entertainment]! [Q.C.] Where QC the producer is domiciled in QC, 3105 CCQ will be relevant & there will be a hypothec used (real right in the property – right in rem). R. to follow, take the property in payment – subject to Rs of 3Ps. R to cause the property to be sold judicially, where the parties would then line up to collect proceeds of the sale – of which disposition is determined by the fir...

Choice of Law Rules. 4.1 How is the law applicable to the substance of a dispute determined?