Q&As

How is the governing law of a contract determined if the contract is silent?

read titleRead full title

Published by a UUÂãÁÄÖ±²¥ Commercial expert
Published on: 03 February 2017
imgtext

The governing, or Applicable law is the law that governs a dispute between the parties. Generally, parties have the freedom to choose the applicable law. However, where they have failed to do so then the applicable law will be determined by the application of the relevant directive, convention or Common law Rules.

For domestic disputes between parties based within the jurisdiction of England and Wales,

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Governing Law definition
What does Governing 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.

Read more

Popular documents

Contract variation

Contract variationThis Practice Note summarises the law, guidance and practice relating to the variation of contracts and deeds. It explains how a contract or deed can be varied in writing, orally or by conduct, and also considers unilateral variation, waiver and sustained minor breach. It sets out

Scotland—the process for applying for sequestration

Scotland—the process for applying for sequestrationSequestration in Scotland is the legal process by which an insolvent debtor’s estate is gathered in, realised and then distributed among their creditors by a trustee appointed for that purpose. The process requires that a formal award of

Micklefield clauses

Micklefield clausesWhat is a Micklefield clause?It is common for employee share plans to provide that, on termination of employment (or when an employee is given or receives notice of termination of employment), subsisting share awards will be forfeited and subsisting share options will lapse.It is

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a