Applicable law—principles

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This Overview considers the principles relevant to determining the applicable or governing law of a dispute.

For insight, see Practice Note: Applicable law—a guide for dispute resolution practitioners

For detailed guidance on determining the applicable law, see:

  1. •

    Determining applicable law—contractual disputes—overview

  2. •

    Determining applicable law—non-contractual disputes—overview

The applicable law is only one consideration when dealing with a cross border dispute. For an insight into the various considerations, see: Cross border considerations—checklist.

Applicable law

Applicable law is the law applied by the court to determine a dispute between the parties. The law may be stipulated within the contract between the parties, this is known as the governing law clause. Where there is no valid governing law clause, eg the contract does not contain such a clause or the dispute is non-contractual, the applicable law will be determined by the court in accordance with a specific applicable law regime as set out in a relevant regulation, convention or in legislation. In common law countries such as England and Wales, the court may also apply the common law. Which regime is applied by

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