أسئلة وأجوبة
How to choose the governning law of a contract if each party signed it in their jurisdiction?
The case is that the parties did not agree on the governing law of the contract and the parties are residing in different countries. Also, the contract was concluded by each party in its country.
Would it be possible to argue that two different laws could be applied (laws of the countries of each party) to the extent possible as the governing law in accordance with Article 19(1) of the Federal Law No. 5 of 1985?
This article allows the parties to a contract to choose the law that will govern their agreement.
However, in the absence of such a choice (as in your scenario), the law applicable to the contract is determined based on the "closest connection" principle.
Here, arguments could be made to apply the law of each country to specific aspects of the contract depending on where a particular obligation needs to be fulfilled.
For example, the law of the seller's country might govern product quality issues, while the buyer's country law might govern payment methods.
If you need further clarification we will discuss the same in a legal consultation session.
Dear,
In this case, the case will be filed before the court within whose jurisdiction the defendant is located.
Greetings.
In principle, the law governing the contract is the law of the place where the contract was concluded, if not stipulated in the contract.
In the event that the contract is concluded electronically from two different countries, what matters is the place where the acceptance of the offer arrived from one of the contracting parties.
Where were the last signatures signed in the concluded contract?
The place of the final signature is the place of concluding the contract, that is, the place where the offer meets acceptance, and therefore the law of that country is the applicable law.
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Hello,
If the parties didn't agree on jurisdiction, then the aggrieved party can open a case against the other party if they have the main company in the UAE.
Otherwise, if the agreement is still in execution, the parties can include DIFC or DIAC arbitration as the dispute resolution clause. Please email or call us.
