Conflict of laws

Conflict of laws is the body of rules used to resolve disputes involving more than one jurisdiction. It determines which court may hear a case and which jurisdiction’s law governs.

Personal jurisdiction: A court’s authority to issue binding decisions over a defendant or other party. It determines whether a court can exercise authority over a party in a cross-border dispute.
Jurisdiction: A court’s or government’s legal authority over persons, territory, or subject matter. Conflict of laws begins by asking which courts have authority to act.
International family law: The law governing family relationships and proceedings with connections to more than one country. Marriage, divorce, custody, and support disputes often raise competing jurisdictional claims.
Public international law: The body of law governing relations among states and certain international organizations. It governs relations between states, while conflict of laws selects rules for private disputes across jurisdictions.
Choice of law: The process of selecting which jurisdiction’s substantive law governs a dispute. It addresses the governing-law question after a court takes jurisdiction.
Substantive law: Law that defines legal rights, duties, and liabilities rather than procedures for enforcing them. Choice-of-law rules select substantive rules that determine the parties’ rights.
International commercial arbitration: A private process for resolving commercial disputes involving parties or transactions connected to different countries. Arbitration agreements can alter where a dispute is heard and how a decision is enforced.
International procedural law: Rules governing procedure in disputes with connections to more than one country. It concerns cross-border procedure, a neighboring subject distinct from selecting applicable substantive law.
Forum non conveniens: A doctrine allowing a court to decline a case because another forum is substantially more suitable. It can redirect litigation when multiple courts could hear the dispute.
Procedural law: Rules governing how legal proceedings are conducted and remedies pursued. Courts commonly apply their own procedural rules even when another jurisdiction’s substantive law governs.

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