Private International Law Sciences Po Paris Spring 2017 Case studies Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University

Choice of law An Italian seller and a US buyer enter into a sales contract Which law governs the contract? If there is a governing law clause Which PIL regulates the parties’ choice of law? If there is no governing law clause Which PIL regulates the choice of law?

Qualification One of the disputed issues is whether a claim is time barred Under US law, the claim is time barred Under Italian law the claim is not time barred Which law shall determine the qualification of the matter? If the court is in California If the court is in Italy What is the result of the qualification? If the court is in Italy and the seller is Italian If the court is in Italy and the Seller is US

Which conflict rules? A company registered in Germany has its main seat in the USA. A dispute arises about the validity of a decision by the Board of Directors. According to German PIL, matters of company law have to be decided according to the company law of the country where the main seat is located. According to USA PIL, matters of company law have to be decided according to the company law of the country where the company is registered. Which conflict rules shall the German court apply?

Which court? Norwegian seller Italian buyer Delivery of the goods to be made in Norway The goods do not comply with contract, buyer pays only part of the price Which court has jurisdiction? If the seller sues to obtain payment If the buyer sues to obtain specific performance

Effects of the parties’ choice Governing law clause chooses Italian law The Norwegian party invokes Norwegian rules on limitation of actions, that are mandatory Norwegian court Shall the court apply mandatory rules of its own law, or shall it apply only the chosen law?

Scope of the parties’ choice Governing law clause chooses Norwegian law The Italian party alleges it lacks legal capacity according to Italian law Norwegian court Shall the court apply only the chosen law, or shall it apply also the laws of each of the parties?

Place of performance Swap agreement between Norwegian and German bank Place of performance of monetary obligations: German law: debtor’s place Norwegian law: creditor’s place How do you define place of performance?

Which court? Norwegian producer buys from a Swedish supplier spare parts to be included in its products The Swedish supplier buys some components from Germany, assembles them in its plant in Sweden and sells them to the Norwegian producer The spare parts are assembled in the Norwegian producer’s products and sold worldwide The components from Germany are defective, therefore the spare parts the Swedish producer sells to the the Norwegian producer are defective Which court has jurisdiction on the Norwegian producer’s claim against the German sub-supplier?

Which court? Norwegian producer negotiates with a potential Swiss buyer The buyer obtains a prototype, breaks off the negotiations and has the products manufactured in China Where can the producer bring action against the potential buyer?

Which law? Norwegian producer sends its raw materials for processing to a Russian plant According to the tolling agreement, the property of the materials is at all time with the Norwegian producer The Russian plant uses the materials in its possession as security for a loan it takes with a Russian bank The Russian bank is not aware that the materials are not the property of the Russian’s borrower The loan is defaulted, and the Russian bank exercises its security rights on the materials Which country’s law governs?