• Research Paper on:
    Appropriate Jurisdiction

    Number of Pages: 16


    Summary of the research paper:

    This 16 page paper, based on UK law, considers how a court has the power to decline jurisdiction. The writers considers what these powers are and how they can be used and if the criteria for deciding jurisdiction is clear, or needs further detail and clarification. Numerous cases, including The Abidin Daver [1984], Spiliada Maritime Corporation v. Consulex Ltd [1987]and the recent Lubbe and Others v Cape Plc [2000] are all considered. Relevant legislation is also discussed. The bibliography cites 7 sources.

    Name of Research Paper File: TS14_TEjurisd.rtf

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    Unformatted Sample Text from the Research Paper:
    well as individuals, that deal with multinational corporations, or even with a single external country, there must be considered the risk of court action. Each country will have its  own set of laws, these may be in accordance, or may be divergent. The basis may be seen in international law and agreements but this will not always be the  case. Therefore, in most commercial contracts the contract will state the jurisdiction that will apply. This means that it is decided which countries laws will be those under which the  contract will operate, and under which there will be any subsequent legal action. In some instances, for example, if both parties are within the European Union, there will be a  much simpler matter of settling jurisdiction than countries where there is no common legal system. However, even where this is stated in a contract it needs to be the  right of the court to deny or refuse that jurisdiction. If this were not the case for powerful companies there may be an issue of using the law of the  relevant country that is most favourable, rather than that which may be most obvious or natural. However, the problem may be seen in the way that the decision is made  by the courts as to whether or not they should decline jurisdiction. The majority of this appears to be based on case law, with an understanding that is fragmented at  best. To consider this let use first consider the idea of jurisdiction, this can be defined as "The authority which a court has to decide matters that are litigated  before it or to take cognisance of matters presented in a formal way for its decision. The limits of this authority are imposed by statute, charter or commission under which 

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