Applicable law Definition

GLOSSARY

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What does Applicable law mean?

governing law is the law stipulated in a contract to determine a dispute. Where there is no valid governing law clause, the law to be applied, the applicable law, will be determined in accordance with the relevant regulation, convention, legislation or common law rules.

View the related checklists about Applicable law

MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Cross border considerations—checklist

Cross border considerations—checklist This Checklist aims to provide practitioners with a route map through the different cross border issues that require consideration when dealing with proceedings involving a cross border element such as a defendant domiciled outside the jurisdiction or a contractual agreement. In the form of a table it asks various questions and provides links to underlying content that will answer that question. The UK's departure from the EU has implications for practitioners dealing with cross border issues involving not only EU Member States but also contracting states of the Lugano Convention 2007 and potentially contracting states of the Hague Convention on Choice of Court Agreements. For guidance, see: Cross border considerations (Brexit)—checklist. Applicable law—general Question Guidance—Practice Notes What is applicable law? Applicable law—a guide for dispute resolution practitioners Which applicable law regime applies? Applicable law—a guide for dispute resolution practitioners What is an applicable law clause? Applicable law clauses How do I determine the applicable law under Assimilated Regulation (EC) 593/2008 Rome I?(Contract claims only) UK Rome...

LCAM Expedited Arbitration Rules (2022)

LCAM Expedited Arbitration Rules (2022) Background Several arbitral institutions and indeed even the UNCITRAL have in recent years developed expedited or fast track rules for low value disputes and for parties looking to avoid a lengthy arbitration process. Typically, these rules provide for the arbitral process to be conducted on a truncated timeline with a final award to be rendered within three or six months of commencement. For a general discussion on Expedited Rules, see Practice Note: Expedited (aka fast-track) arbitration. This note considers LCAM’s Expedited Arbitration Rules (the Expedited Rules), which have been in force since 1 September 2022, see Practice Note: LCIA (2020)—guidance on creation of a fast-track procedure. As Article 1.2 of the Expedited Rules state, they entail ‘…a complete stand-alone documents-only procedure for the resolution of disputes through arbitration by a sole arbitrator appointed by LCAM. The procedure administered by LCAM under the Rules is intended to be simple, expedited and cost effective’. The LCAM Expedited Rules stand out from the crowd in the following...

Comparing international investment arbitration rules

Comparing international investment arbitration rules Investment treaty arbitrations may be brought under the rules of many different institutions or ad hoc arbitration rules. Each institution or body has its own unique rules and associated collection of risks and benefits. The table below provides a quick reference guide for the investment arbitration rules of several key institutions, ie the Singapore International Arbitration Centre (SIAC), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the International Centre for Settlement of Investment Disputes (ICSID), the United Nations Commission on International Trade Law (UNCITRAL), China International Economic Trade Arbitration Commission (CIETAC) and the Permanent Court of Arbitration (PCA). This is a high-level guide intended to provide an overview of the similarities and differences among some of the major institutional and ad hoc international arbitration rules. It is not intended as a substitute for detailed legal advice as to the procedures and laws which govern a particular dispute. Advice should be sought when agreeing to arbitration and at an early...

Discover our 968 Practice Notes on Applicable law

Step-in rights and SRA compliance clauses: law firm outsourcing agreement

1 Definitions for Step-in rights and SRA compliance clauses: law firm outsourcing agreement Applicable Laws means: (a) the laws of England and Wales [and [insert other specific applicable laws, eg of other jurisdictions where the Services will be performed]]; (b) any other laws or regulations; (c) any industry codes, policies or guidelines issued by a Regulator as notified to Supplier by Customer from time to time in each case, as these are applicable to the performance of the Services; Confidential Information ...

Personal data processing schedule—short form—pro-processor

Personal data processing schedule—short form—pro-processor This precedent is drafted in contemplation of arrangements where the parties wish to insert data processing provisions within a Schedule rather than as clauses in the main body of the agreement, for example due to the length of compliant provisions. It is based on Precedent: Personal data processing clause—short-form—pro-processor. This schedule uses the additional defined terms ‘Agreement’, ‘Business Day’, ‘Charges’, ‘Customer’, ‘Services’, ‘Supplier’ and ‘Supplier Personnel’, which are not specific to data processing and which it is assumed are separately defined in the relevant agreement. The Schedule Part A: Operative provisions 1 Definitions 1.1 In this Schedule: applicable law • means applicable law of the United Kingdom (or of a part of the United Kingdom); Controller • has the meaning given in applicable Data Protection Laws from time to time; Data Protection Laws • means, as binding on either party or the Services: (a) the GDPR; (b) the Data Protection Act 2018; (c) any laws which implement or supplement any such laws; and...

Dive into our 415 Precedents related to Applicable law

Are the costs of closing a foreign bank account and transferring the funds to the legatee of a demonstrative legacy who is resident abroad payable out of the residuary estate or the legacy itself?

Are the costs of closing a foreign bank account and transferring the funds to the legatee of a demonstrative legacy who is resident abroad payable out of the residuary estate or the legacy itself? An English Will can cover assets solely in England and Wales, or those worldwide, and an English Will is recognised as valid in the majority of jurisdictions. However that does not mean that the applicable law will be English law in other jurisdictions as some jurisdictions have in place principles regarding succession, such as so-called 'forced heirship' which requires assets to be left in a particular way. The validity of the Will and how any foreign situs assets should be administered should be considered in this context. A demonstrative legacy is a general legacy paid out of a specific fund or asset. Therefore a payment of the funds in a foreign bank account will amount to a demonstrative legacy. Recourse should first be had to the terms of the Will when considering how such expenses are...

Can a law firm be liable to its client in a transaction where a loss is sustained through currency fluctuation?

Can a law firm be liable to its client in a transaction where a loss is sustained through currency fluctuation? This Q&A answers the following questions: • can a firm be liable to its client in a transaction where a loss is sustained through currency fluctuation arising from the firm’s delay? • what is the firm’s potential liability in: ◦ negligence, or ◦ breach of contract (under any relevant implied terms) • what if the loss arises out of a delay for which the firm is not responsible, eg delay on the part of the client or other party? • what if there is no delay to the transaction, but there is a currency fluctuation causing loss during the expected/normal transaction duration period? • can a firm limit its liability for claims arising out of the above scenarios eg through a clause in its Terms of Business? Practitioners encounter this kind of uncertainty and risk on a fairly regular basis, eg the Greek government debt crisis...

See the 84 Q&As about Applicable law

Competition weekly highlights—10 October 2024

This week's edition of Competition weekly highlights includes a number of EU developments, namely: (1) the Court of Justice dismissing an appeal against the Commission’s prohibition of the proposed JV between TyssenKrupp and Tata Steel, (2) the Court of Justice ruling that some FIFA rules on transfer of players may restrict EU competition, (3) the Court of Justice dismissing numerous appeals relating to Commission’s re-adopted decision concerning the Italian concrete reinforcing bars cartel, (4) the Court of Justice dismissing two appeals against a German COVID scheme for companies’ uncovered fixed costs, and (5) an AG’s opinion suggesting that the Court of Justice should allow an appeal and set aside the General Court’s judgment which annulled the Commission’s decision approving aid to Timișoara Airport in favour of Wizz Air.

Restructuring & Insolvency weekly highlights—10 October 2024

This week's edition of Restructuring & Insolvency weekly highlights includes newly published guidance on the information sharing measures in the Economic Crime and Corporate Transparency Act 2023, an analysis of a de facto director’s liability for a company’s losses caused by his breaches of duty (Lime and Black v Mistry), plus a round-up of other news and cases for restructuring and insolvency professionals.

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