Private International Law
Expert-defined terms from the Professional Certificate in International Commercial Law course at London School of Business and Administration. Free to read, free to share, paired with a professional course.
Apostille is a formal certificate issued by a government authority to aut… #
Apostille is a formal certificate issued by a government authority to authenticate the signature and seal of a public official on a document, making it recognizable in foreign countries, this concept is related to international law and is often required for documents such as birth certificates, marriage certificates, and diplomas, the Apostille process simplifies the authentication of documents for use in foreign countries, and it is an essential aspect of Private International Law, as it facilitates the recognition and enforcement of foreign public documents, for instance, a company may need to obtain an Apostille for a contract to be recognized in a foreign jurisdiction.
Arbitration is a process of resolving disputes between parties through th… #
Arbitration is a process of resolving disputes between parties through the intervention of a neutral third party, known as the arbitrator, who makes a binding decision, this concept is related to dispute resolution and is often used in international commercial law to resolve disputes between parties from different countries, arbitration can be institutional or ad hoc, and it is a popular method for resolving international commercial disputes due to its flexibility, speed, and confidentiality, for example, a company may agree to arbitration to resolve a dispute with a supplier from another country.
Authentication is the process of verifying the authenticity of a document… #
Authentication is the process of verifying the authenticity of a document or signature, this concept is related to verification and is often required for documents to be recognized in foreign countries, authentication can be done through various methods, including Apostille, certification, and notarization, and it is an essential aspect of Private International Law, as it ensures the integrity and reliability of documents, for instance, a company may need to authenticate a contract to ensure its validity in a foreign jurisdiction.
Bankruptcy is a legal proceeding involving a person or business that is u… #
Bankruptcy is a legal proceeding involving a person or business that is unable to repay outstanding debts, this concept is related to insolvency and is often governed by national laws, however, international bankruptcy laws and treaties, such as the UNCITRAL Model Law on Cross-Border Insolvency, provide a framework for cooperation and coordination between countries in cross-border insolvency cases, and it is an essential aspect of Private International Law, as it affects the rights and obligations of creditors and debtors in international transactions.
Choice of Law is a doctrine that allows parties to choose the law that wi… #
Choice of Law is a doctrine that allows parties to choose the law that will govern their contract or dispute, this concept is related to conflict of laws and is often used in international commercial law to provide certainty and predictability in international transactions, the choice of law clause can be explicit or implicit, and it is subject to certain limitations and restrictions, such as public policy and mandatory laws, for example, a company may choose the law of a neutral country to govern a contract with a supplier from another country.
Conflict of Laws is a branch of Private International Law that deals with… #
Conflict of Laws is a branch of Private International Law that deals with the resolution of disputes that involve parties and laws from different countries, this concept is related to jurisdiction and is often governed by national laws and international treaties, conflict of laws rules provide a framework for determining the applicable law, jurisdiction, and recognition of foreign judgments, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Contract Law is a branch of law that deals with the formation, performanc… #
Contract Law is a branch of law that deals with the formation, performance, and enforcement of contracts, this concept is related to obligations and is often governed by national laws, however, international contract law, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), provides a framework for international contracts, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Cross #
Border Insolvency is a type of insolvency proceeding that involves parties and assets from different countries, this concept is related to bankruptcy and is often governed by international laws and treaties, such as the UNCITRAL Model Law on Cross-Border Insolvency, cross-border insolvency requires cooperation and coordination between countries to ensure the efficient and fair distribution of assets, and it is an essential aspect of Private International Law, as it affects the rights and obligations of creditors and debtors in international transactions.
Cross #
Border Litigation is a type of litigation that involves parties and laws from different countries, this concept is related to jurisdiction and is often governed by national laws and international treaties, cross-border litigation requires careful consideration of jurisdiction, applicable law, and recognition of foreign judgments, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Diplomatic Immunity is a doctrine that grants immunity from jurisdiction… #
Diplomatic Immunity is a doctrine that grants immunity from jurisdiction to diplomatic agents and their families, this concept is related to international law and is often governed by international treaties, such as the Vienna Convention on Diplomatic Relations, diplomatic immunity is intended to protect diplomatic agents from the jurisdiction of the host country and to ensure the smooth conduct of international relations, for example, a diplomatic agent may be immune from prosecution for a crime committed in the host country.
Dispute Resolution is a process of resolving disputes between parties thr… #
Dispute Resolution is a process of resolving disputes between parties through various methods, such as negotiation, mediation, arbitration, and litigation, this concept is related to conflict resolution and is often used in international commercial law to resolve disputes between parties from different countries, dispute resolution methods can be institutional or ad hoc, and they are designed to provide a fair, efficient, and cost-effective means of resolving disputes, for instance, a company may use mediation to resolve a dispute with a supplier from another country.
Due Process is a principle that ensures fair treatment and protection of… #
Due Process is a principle that ensures fair treatment and protection of individual rights in legal proceedings, this concept is related to fairness and is often governed by national laws and international human rights treaties, due process requires that parties be given notice, an opportunity to be heard, and a fair and impartial hearing, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Enforceability is the ability of a court to enforce a judgment or award,… #
Enforceability is the ability of a court to enforce a judgment or award, this concept is related to recognition and is often governed by national laws and international treaties, enforceability requires that the judgment or award be recognized and enforced by the courts of the country where the assets are located, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Extraterritorial Jurisdiction is a doctrine that allows a country to exer… #
Extraterritorial Jurisdiction is a doctrine that allows a country to exercise jurisdiction over persons and events outside its territory, this concept is related to jurisdiction and is often governed by national laws and international treaties, extraterritorial jurisdiction can be based on various grounds, such as nationality, domicile, or effects, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Forum Non Conveniens is a doctrine that allows a court to decline jurisdi… #
Forum Non Conveniens is a doctrine that allows a court to decline jurisdiction over a case if it determines that another forum is more convenient and suitable, this concept is related to jurisdiction and is often governed by national laws and international treaties, forum non conveniens requires that the court consider factors such as the location of the parties, witnesses, and evidence, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Forum Shopping is a practice where parties seek to have their case heard… #
Forum Shopping is a practice where parties seek to have their case heard in a court that is most favorable to their interests, this concept is related to jurisdiction and is often governed by national laws and international treaties, forum shopping can be considered an abuse of process, and courts may exercise their discretion to refuse jurisdiction or transfer the case to another court, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Governing Law is the law that governs a contract or dispute, this concept… #
Governing Law is the law that governs a contract or dispute, this concept is related to choice of law and is often used in international commercial law to provide certainty and predictability in international transactions, the governing law can be chosen by the parties or determined by the court, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Immunity is a doctrine that grants protection from jurisdiction to certai… #
Immunity is a doctrine that grants protection from jurisdiction to certain individuals or entities, such as diplomatic agents, international organizations, and states, this concept is related to international law and is often governed by international treaties, immunity is intended to protect the rights and interests of the immune entity and to ensure the smooth conduct of international relations, for example, a state may be immune from prosecution for a crime committed by its officials.
Injunction is a remedy that requires a party to perform or refrain from p… #
Injunction is a remedy that requires a party to perform or refrain from performing a specific act, this concept is related to equity and is often used in international commercial law to provide interim relief or to enforce a judgment, injunctions can be temporary or permanent, and they are subject to certain limitations and restrictions, such as the requirement of notice and an opportunity to be heard, for instance, a company may seek an injunction to prevent a competitor from infringing its intellectual property rights.
Intellectual Property is a type of property that includes intangible asse… #
Intellectual Property is a type of property that includes intangible assets such as patents, trademarks, copyrights, and trade secrets, this concept is related to creativity and is often governed by national laws and international treaties, intellectual property rights are essential for innovation and economic growth, and they are protected by international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), for example, a company may register a trademark to protect its brand identity.
International Commercial Arbitration is a process of resolving disputes b… #
International Commercial Arbitration is a process of resolving disputes between parties from different countries through arbitration, this concept is related to arbitration and is often used in international commercial law to resolve disputes between parties from different countries, international commercial arbitration is governed by national laws and international treaties, such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
International Commercial Law is a branch of law that deals with the regul… #
International Commercial Law is a branch of law that deals with the regulation of international trade and commerce, this concept is related to trade and is often governed by national laws and international treaties, international commercial law provides a framework for international transactions, including contracts, payments, and dispute resolution, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
International Court of Justice is the primary judicial organ of the Unite… #
International Court of Justice is the primary judicial organ of the United Nations, responsible for settling disputes between states and providing advisory opinions on international law, this concept is related to international law and is often governed by international treaties, such as the Statute of the International Court of Justice, the International Court of Justice has jurisdiction over disputes between states, and its decisions are binding on the parties, for example, a state may bring a claim against another state for violating international law.
International Law is a branch of law that deals with the regulation of in… #
International Law is a branch of law that deals with the regulation of international relations between states and other entities, this concept is related to relations and is often governed by international treaties and customs, international law provides a framework for international cooperation, diplomacy, and dispute resolution, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
International Organization is an entity established by states or other en… #
International Organization is an entity established by states or other entities to pursue common goals and interests, this concept is related to cooperation and is often governed by international treaties and laws, international organizations, such as the United Nations and the European Union, play a crucial role in promoting international cooperation, peace, and security, and they are immune from jurisdiction, except in certain cases, for example, an international organization may be established to promote economic development in a region.
International Sale of Goods is a type of contract that involves the sale… #
International Sale of Goods is a type of contract that involves the sale of goods across national borders, this concept is related to sale and is often governed by national laws and international treaties, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), international sale of goods contracts require careful consideration of issues such as contract formation, payment, delivery, and dispute resolution, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Jurisdiction is the authority of a court or tribunal to hear and decide a… #
Jurisdiction is the authority of a court or tribunal to hear and decide a case, this concept is related to power and is often governed by national laws and international treaties, jurisdiction can be based on various grounds, such as territory, nationality, or domicile, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Letters of Credit is a financial instrument used to secure payment in int… #
Letters of Credit is a financial instrument used to secure payment in international trade, this concept is related to payment and is often governed by national laws and international treaties, such as the Uniform Customs and Practice for Documentary Credits (UCP), letters of credit provide a means of payment that is secure and reliable, and they are widely used in international trade, for example, a company may use a letter of credit to secure payment for goods imported from another country.
Lex Mercatoria is a body of law that governs international trade and comm… #
Lex Mercatoria is a body of law that governs international trade and commerce, this concept is related to trade and is often governed by national laws and international treaties, lex mercatoria provides a framework for international transactions, including contracts, payments, and dispute resolution, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Mediation is a process of resolving disputes between parties through the… #
Mediation is a process of resolving disputes between parties through the intervention of a neutral third party, known as the mediator, this concept is related to dispute resolution and is often used in international commercial law to resolve disputes between parties from different countries, mediation is a flexible and informal process that allows parties to negotiate and reach a mutually acceptable agreement, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Nationality is a status that determines a person's citizenship or allegia… #
Nationality is a status that determines a person's citizenship or allegiance to a particular country, this concept is related to citizenship and is often governed by national laws and international treaties, nationality can be acquired by birth, descent, or naturalization, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Negotiation is a process of resolving disputes between parties through di… #
Negotiation is a process of resolving disputes between parties through direct communication and compromise, this concept is related to dispute resolution and is often used in international commercial law to resolve disputes between parties from different countries, negotiation is a flexible and informal process that allows parties to reach a mutually acceptable agreement, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Notarization is the process of verifying the authenticity of a document o… #
Notarization is the process of verifying the authenticity of a document or signature by a notary public, this concept is related to authentication and is often required for documents to be recognized in foreign countries, notarization provides a means of verifying the identity and authority of the signatory, and it is an essential aspect of Private International Law, as it ensures the integrity and reliability of documents.
Recognition is the process of acknowledging the validity and enforceabili… #
Recognition is the process of acknowledging the validity and enforceability of a foreign judgment or award, this concept is related to enforceability and is often governed by national laws and international treaties, recognition requires that the foreign judgment or award be recognized and enforced by the courts of the country where the assets are located, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Renvoi is a doctrine that allows a court to apply the law of another coun… #
Renvoi is a doctrine that allows a court to apply the law of another country, including its conflict of laws rules, this concept is related to choice of law and is often used in international commercial law to provide certainty and predictability in international transactions, renvoi requires that the court consider the laws of the other country, including its conflict of laws rules, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Service of Process is the procedure of notifying a party of a legal proce… #
Service of Process is the procedure of notifying a party of a legal proceeding, this concept is related to notification and is often governed by national laws and international treaties, service of process requires that the party be given notice of the proceeding, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Sovereign Immunity is a doctrine that grants immunity from jurisdiction t… #
Sovereign Immunity is a doctrine that grants immunity from jurisdiction to states and their officials, this concept is related to international law and is often governed by international treaties, sovereign immunity is intended to protect the rights and interests of the state and to ensure the smooth conduct of international relations, for example, a state may be immune from prosecution for a crime committed by its officials.
Subrogation is a doctrine that allows an insurer to step into the shoes o… #
Subrogation is a doctrine that allows an insurer to step into the shoes of the insured and pursue a claim against a third party, this concept is related to insurance and is often governed by national laws and international treaties, subrogation requires that the insurer have a valid claim against the third party, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Treaty is a formal agreement between states or international organization… #
Treaty is a formal agreement between states or international organizations that is governed by international law, this concept is related to agreement and is often used in international commercial law to provide a framework for international cooperation and dispute resolution, treaties can be bilateral or multilateral, and they are binding on the parties, for example, a treaty may be used to establish a free trade agreement between countries.
UNCITRAL is the United Nations Commission on International Trade Law, res… #
UNCITRAL is the United Nations Commission on International Trade Law, responsible for promoting the development and harmonization of international trade law, this concept is related to trade and is often governed by international treaties and laws, UNCITRAL has developed various model laws and conventions, such as the Model Law on International Commercial Arbitration, to promote international trade and commerce, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Uniform Law is a type of law that provides a uniform set of rules and pri… #
Uniform Law is a type of law that provides a uniform set of rules and principles for international transactions, this concept is related to harmonization and is often governed by international treaties and laws, uniform law provides a means of promoting consistency and predictability in international transactions, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Vienna Convention on Contracts for the International Sale of Goods is a treat… #
Vienna Convention on Contracts for the International Sale of Goods is a treaty that provides a framework for international sales contracts, this concept is related to sale and is often governed by national laws and international treaties, the Vienna Convention provides a set of rules and principles for international sales contracts, including contract formation, payment, delivery, and dispute resolution, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
Waiver is a doctrine that allows a party to relinquish a right or claim,… #
Waiver is a doctrine that allows a party to relinquish a right or claim, this concept is related to surrender and is often governed by national laws and international treaties, waiver requires that the party have knowledge of the right or claim and intend to relinquish it, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.
World Trade Organization is an international organization responsible for… #
World Trade Organization is an international organization responsible for promoting free trade and resolving trade disputes between states, this concept is related to trade and is often governed by international treaties and laws, the World Trade Organization provides a framework for international trade, including rules and principles for trade in goods and services, and it is an essential aspect of Private International Law, as it affects the rights and obligations of parties in international transactions.