A Critical Survey of the Rules Determining Jurisdiction in a Conflict of Laws Case and Its Impact on Parties' Convenience in the Resolution of International Commercial Disputes

摘要

Conflict of laws, more often than not arises as a procedural hitch in determining the substantive elements of a case with international facets and in every conflict of laws situation. There are three core decisions to be made before such a case can be considered appropriately dealt with: viz. choke of jurisdiction, choice of law and enforcement of judgment. In determining the choice of jurisdiction in any case, it is very apposite to take certain factors, which would have otherwise amounted to hindrances if disregarded or glibly treated, into consideration. More so, since international commercial transactions pose a likelihood of a conflict of laws situation, it will be in the best interests of parties to appreciate the factors that may determine a forum court's jurisdiction and consequently cause the parties to foresee the convenience or otherwise of forums for dispute resolution. This article seeks to critically analyse those factors that could determine how a court may acquire jurisdiction in a conflict of laws case before the English/European and Nigerian courts.