Abstract
Abstract Once a court has decided that it possesses jurisdiction, it must move on to the next stage of determining the law applicable to that case, ie which State’s substantive law governs. This is of vital importance. To illustrate this, we can take the example of unfair competition. The plaintiff complains that disparaging remarks have been made about his product. Under Swiss substantive law, there is an actionable tort of unfair competition, whereas under English law there is not. It follows that the plaintiff will recover damages if Swiss law is applied, but fail to do so (at least for breach of unfair competition law) if English law is applied. In order to determine whether English substantive law or that of a foreign State applies, resort has to be made to choice of law rules.
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