Conflict of laws meaning

Validity of Wills Appeal allowed: a revocation clause in an India‑focused will cancelled an earlier English will; s9(d) needs no re‑acknowledgement by witnesses. Disclosure The court endorsed a private hearing to seal HRH Prince Philip’s will, dismissing the Guardian’s transparency challenge. Removal and replacement of personal representatives Courts clarified English law governs foreign executors’ standing, prioritised grants amid polygamy, and appointed, replaced or removed PRs where administration was imperilled. Interpretation, construction and rectification Rulings highlight the need for clear residuary clauses, uphold plain wording, apply intended domiciliary law, and adopt pragmatic, swift construction and rectification. Burial disputes Decisions resolved intestacy burial forums, granted special guardians control, safeguarded Article 8 interests, and directed remains’ disposal in exceptional cases. Personal representatives’ duties Authorities addressed mortgage burdens on survivorship, circumscribed trustee remuneration, compelled accounts, and encouraged seeking directions when uncertain. Estate accounts and solicitor fees Courts withheld indemnities for disproportionate or self‑interested litigation, denied fees absent charging clauses or consent,...

As the sector anticipates the coming year, a cluster of nascent technology arbitration themes is taking shape, spanning digital assets and smart-contract arbitration, proceedings in the metaverse, and role of artificial intelligence. Digital assets are by nature intangible and frequently transnational, since transaction counterparties can be unknown or untraceable within particular jurisdictions. Public venues for their trading, such as cryptocurrency or non-fungible exchanges, often provide scant or no terms and conditions. Overall, determining which fora possess jurisdiction to hear a digital-asset dispute, and which conflict-of-laws principles and substantive legal standards govern, can be challenging in practice for parties involved. Growing debate and attention within the legal community centres on arbitration tied to digital assets, encompassing cryptocurrencies like bitcoin, non-fungible tokens, artificial intelligence, technology and innovation, and the ways they seek to reduce the risks that accompany embracing novel technology across emerging sectors...

Robinson v Al-Qasimi ([2021] EWCA Civ 862) What are the practical implications of this judgment? This ruling sets out how far the Supreme Court’s stance on illegality in the insider dealing case of Patel has influenced employment-related illegality jurisprudence. In Patel, the Supreme Court held, amongst other things, that: the fundamental justification for the illegality doctrine is that upholding a claim would conflict with the public interest if it would damage the integrity of the legal system (or, potentially, certain elements of public morality) when determining whether the public interest would be harmed in that way, one must apply a ‘trio of necessary considerations’: whether denying the claim would further the underlying aim of the breached prohibition (for example, laws proscribing insider dealing) any other relevant public policy that the refusal of the claim might affect, and whether refusing the claim would be a proportionate response to the illegality (bearing in mind that punishment is a matter...

Introduction Across the art sector, disagreements surface in many settings. Whether it is inheritance wrangles over rights in artworks, restitution demands, complex provenance questions, or efforts to trace and reclaim looted cultural objects, the case for robust dispute resolution is plain. In a trade where discretion, if not outright secrecy, matters greatly, those embroiled in conflict typically seek to shun publicity for many reasons, not least to safeguard the value of the piece concerned. Numerous art disputes have been decided by courts around the world. While the courts provide an obvious forum, privacy‑minded participants in the art market are not readily drawn to this method of resolution, for rather evident reasons. Against that backdrop, arbitration stands out as a notably useful and practical process. For market participants anxious to preserve discretion and protect asset values, a private forum that avoids public scrutiny holds clear distinct practical advantages indeed. The art of arbitration The international art market is valued at about US$65bn...

A private foundation is a legal person created by an individual, a family, or a collective of individuals for the founders’ benefit. It may equally be established for charitable or philanthropic aims. Historically, foundations are closely linked indeed to civil law territories, most prominently in Liechtenstein, and also Austria, Switzerland, Panama, St Kitts, Seychelles, Nevis, Anguilla, Malta, Curaçao and the Netherlands Antilles; they appear less commonly in common law states such as the Bahamas, where they were introduced in 2004. In more recent times, common law centres including Jersey, the Isle of Man, Guernsey and Mauritius have also enacted statutes permitting the creation of foundations. What is a foundation? Foundations trace their roots to civil law systems. An early antecedent was the Roman law device known as the fideicommissum, employed to circumvent limits on who might be named as an heir. For instance, if A wished to pass assets to C but C fell outside the permissible class of heirs, A would appoint B—who did qualify—as heir and...

This Practice Note offers an overview of trusts in the British Virgin Islands (BVI). For broader BVI background, see Practice Note: Private Client—British Virgin Islands—Q&A guide. The principal legislation is the Trustee Ordinance (Cap 303, Law of BVI), as amended (TO), and the Virgin Islands Special Trusts Act 2003, as amended (VISTA Law). The texts are available via the further reading links to Spitz & Clarke Offshore Service in the related documents pod and on the BVI FSC—Legislation web page. Types of trusts The most frequently used BVI trusts include: discretionary trusts VISTA trusts life interest trusts fixed interest trusts Discretionary trusts A discretionary trust typically affords maximum flexibility and is the most commonly adopted and, in many cases, the most effective arrangement for both settlor and beneficiaries. Trustees are granted wide discretion regarding when distributions are made, in what amounts, and to which beneficiaries, from both income and capital. This structure is particularly valuable where, at establishment,...

This Practice Note outlines the Hague Principles on Choice of Law in International Commercial Contracts, referred to as the HCCH Principles and previously called the Hague Principles. It is an international instrument intended to address cross-border commercial dealings. It operates across jurisdictions to support cross-border commercial activity worldwide in practice. What are the HCCH Principles on Choice of Law in International Commercial Contracts? The HCCH Principles address matters of private international law (conflict of laws) concerning contracts. Modern legal systems maintain their own domestic private international law rules, which commonly vary from one State to another. The possibility of divergent decisions and differing readings of private international law rules (including rules on choice of law) creates significant uncertainty for global trade and commerce. For many years, avoiding inconsistent judicial outcomes has been a core preoccupation of international lawyers. That concern has spurred, not least, international organisations such as the Hague Conference on Private International Law (HCCH) to pursue the unification of private international law. With 92 members (91...

This Agreement is entered into on [ date ] Parties [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 1); and [ Insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] (Party 2), each of Party 1 and Party 2 being a party and, together, the parties. BACKGROUND Party 1 supplies [ insert description of goods and/or services ]. Party 2 supplies [ insert description of goods and/or services ]. The parties intend to submit a Bid as a joint tender to the Customer in answer to the Invitation to Tender. The parties seek to state their obligations and manage their rights concerning the Bid and, if the...

This Agreement is entered into on [ date ] Parties [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] ( Manufacturer ); [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] with its registered office at ] [ insert address ] ( Distributor ); Each of the Manufacturer and the Distributor is a party and together they constitute the parties. Background (A) The Manufacturer produces [ and supplies ] the Products. (B) The Distributor has agreed to distribute the Products within the Territory on [ an exclusive OR a shared exclusive OR a sole ] basis, in line with the provisions of this Agreement...

This Agreement is entered into on [ date ] Parties [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] whose registered office is at ] [ insert address ] (Manufacturer) [ insert name of party ] [ of OR a company incorporated in England and Wales under number [ insert registered number ] whose registered office is at ] [ insert address ] (Distributor) Each of the Manufacturer and the Distributor constitutes a party, and together they comprise the parties. Background (A) The Manufacturer produces [ and supplies ] the Products. (B) The Distributor has agreed to distribute the Products on a non-exclusive basis within the Territory, pursuant to this Agreement...