English law then decides if the case should be heard by the English courts, once this is settled, it determines what laws would be applicable and relevant to the case. The English courts use the English choice of law rules to bring into consideration the connecting factors between the jurisdictions and its laws.
Lex fori means that the law of the nation where the case is being tried is usually applicable. This means that English law is valid if the dispute is being tried in the English courts. When the English courts decide to hear a case they proceed with its classification and allocate each component of the case to the appropriate legal jurisdiction, which each has its own choice of law rules, as finally determined by the court.
Courts look for “connecting factors” to facilitate the link between the matter and the relevant jurisdiction in order to enforce the most appropriate legal rules. Ultimately, the jurisdiction that has the strongest connection to the case is determined as the lex fori. The decision of determining what laws would be applicable in a case depends on a number of connecting factors, including but not limited to, the place of performance or conclusion of a contract; the place where the person is domiciled or that person’s nationality; the place, or places, where disputed assets are located.
Decisions of the choice of law are important in cross-boarder disputes because the rules selected to govern a dispute play a role in giving a fair and just trial. Lex fori is founded on the principle of justice, and Wolff is amongst the principle’s supporters, “It is a postulate of justice that the courts of a given country follow their general rules of procedure, irrespective of whether the subject-matter of the litigation is governed by foreign law or by the law of the country.” Decisions of which laws to enforce help maintain justice across boarders, protecting citizens and private organizations in light of the connecting factors.
Private organizations could be distressed by such rules of law. For example, Apple products have their parts made in China, assembled in California, then sold all over the world. If an apple product is defective, the courts must determine if Apple would be held responsible under Chinese law, the laws of California in the USA or any third country where the defect would be discovered. Apple could be affected by these principles, as their liabilities could be determined under a number of different laws depending on the rule of laws that come into consideration at the time.
J.M. Carruthers “Substance and procedure in the conflict of laws: a continuing debate in relation to damages” (2004) 53 International & Comparative Law Quarterly 691, at 711.
Ibid.
Ibid.
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dxb625 (student)
