Torts in private international law
This chapter mainly discusses the application of “private international law” – also referred to as the “conflict of laws” – in torts cases. This subject, in essence, is related to three major factors in deciding a civil case that involves foreign elements, such as which forum has the jurisdiction...
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| Main Author: | |
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| Format: | Book Chapter |
| Language: | English English English |
| Published: |
CLJ Malaysia Sdn. Bhd.
2024
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/116566/1/Chapter%2034%20Dr%20Hassan.pdf http://irep.iium.edu.my/116566/2/Contents%20and%20preliminary%20pages.pdf http://irep.iium.edu.my/116566/3/Index.pdf http://irep.iium.edu.my/116566/ |
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| Summary: | This chapter mainly discusses the application of “private international law” – also
referred to as the “conflict of laws” – in torts cases. This subject, in essence, is
related to three major factors in deciding a civil case that involves foreign elements,
such as which forum has the jurisdiction to try the case; the law of which State
is applicable to legal issues; and the issues related to the recognition of foreign
judgments.
Generally, issues of “conflict of laws” may arise in domestic court and arbitral
tribunal. Hence, the jurisprudence related to private international law may vary
from country to country. In essence, the principles of private international law
are seen to be a set of rules developed by courts to determine which law is to be
applied in an action commenced in a State where two or more courts of different
States seem to have jurisdiction and/or two or more laws of different States seem to
be applicable to the dispute at hand. |
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