proper law

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proper law

in PRIVATE INTERNATIONAL LAW, that body of law that is most realistically connected with the issue in question. In cases of conflict over which legal system applies to a contract, the proper law of the contract is becoming widely accepted as the appropriate test. An expressed intention by the parties helps determine the proper law but that is not completely binding on a court.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
Furthermore, the petitioners questioned the provision in the agreement which chooses the law of China as the governing law of the agreement and Hong Kong International Arbitration Centre (HKIAC).
The Makabayan bloc also cited Section 7, Article II of the Constitution which called for an 'independent foreign policy,' that, it said, the contract violated when it chose China's laws as the governing law of the agreement and the Hong Kong International Arbitration Centre as arbiter in case of dispute.
"The choice of the laws of China as the governing law of the agreement and the Hong Kong International Arbitration Center as the tribunal circumvents Section 7 of Article 2 of the Constitution," the petitioners said.
For the Chico River Irrigation and the New Centennial Water Source-Kaliwa Dam projects, the governing law in the loan accords are the laws of China, while for the North-South Commuter Rail project with funding support from Japan, the governing law are the laws and regulations of the Japanese government.
According to court documents obtained by Radar Online, "This deposition is being taken for the purpose of discovery, for use at trial, or both of the foregoing, or for such other purposes as permitted under the applicable rules and governing law.
The suit could seek a court order requiring the board to follow proper procedures, the governing law and the association's governing documents, with respect to the issues you would raise in a suit.
FSA determined that, particularly in light of a lack of clear guidance from the agency at the time of the audit period, WGU's efforts to comply with the governing law and regulations were reasonable and undertaken in good faith.
The order further says that the NTDC seeks to challenge the conclusion of the judge's order and that final and binding determination on the basis that the governing law of the relevant agreements the law of Pakistan makes it unlawful for Pakistani parties (which both the sides in this case are) to seek to oust the jurisdiction of the Pakistani courts.
Through the arbitration agreement, parties are given the freedom to devise the framework through which they wish to have their disputes governed, including the choice of the forum and the governing law. Such prerogative is crucial in cross-border transactions in which the neutrality of the forum and governing law are decisive elements of comfort to the parties.
As part of the lecture, JD students learned more about issues that can arise in practice, such as whether a court can consider cases with a foreign governing law, the duration of cases before the courts of Qatar and how hearings are conducted before the respective judges.
The former liberal Polish premier and arch-rival of the governing Law and Justice (PiS) party spoke at a time when Poland is mired in conflict with the EU over various issues, including the controversial judicial reforms that led Brussels to launch unprecedented disciplinary proceedings against Warsaw last month.
Poland's governing Law and Justice (PiS) party has named the development and finance minister, Mateusz Morawiecki, to replace the prime minister, Beata Szyd?o, who tendered her resignation on Thursday, The Guardian reported.

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