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

2. 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?

3. 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

4. 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?

5. 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

6. 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?

7. 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?

8. 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?

9. 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?

10. 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?

11. 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?