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without reference to its choice-of-law rules of

Polish translation: bez odniesienia do zasad (tego stanu) regulujących wybor prawa wlasciwego

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00:58 Dec 5, 2001
English to Polish translations [PRO]
Law/Patents
English term or phrase: without reference to its choice-of-law rules of
This agreement shall be governed and construed with the laws of the State of New York without...
Jakub Szacki
Poland
Local time: 21:07
Polish translation:bez odniesienia do zasad (tego stanu) regulujących wybor prawa wlasciwego
Explanation:
choice of law = In conflicts of law, (...) determining what law should govern. There are a number of different choice of law principles used by courts in determining the applicable law to apply, e.g. substantive vs. procedure distinction, (...) place of most significant relationship.

choice of law clause = a contractual provision wherein the parties designate the state whose law will govern disputes arising out of their agreement.

(Black's Law Dictionary)

Zacytuje jeszcze wyjasnienie uczestnika innej listy dyskusyjnej dot. zdania "shall be governed by, and construed in accordance with, Swiss law
without giving effect to the choice of law principles thereof:

"It seems reasonable to assume that one or more of the parties is not Swiss,
as evidenced by the fact that you have an English text. So we'll assume
that one of these parties comes from the country of X. X has its own
contract law, its own statutes, its own tort law, and perhaps other bodies
of law which could be applied to the engagement letter. However, the
parties specifically agree that Swiss contract law, statutes, etc. shall
govern the terms, proposal, and/or engagement letter and disputed/unclear
terms shall be construed in accordance with Swiss law (even if the
counterpart in X says otherwise.) Apparently Swiss law permits a choice of
law under which disputes are to be handled. The parties (assuming they sign this document) agree that this principle of choice of law shall not apply in this case."

Hope that helps,

Jacek


Selected response from:

Jacek Krankowski
Grading comment
Dzieki, pomoglo. JS
4 KudoZ points were awarded for this answer

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Summary of answers provided
4bez odniesienia do zasad (tego stanu) regulujących wybor prawa wlasciwegoJacek Krankowski


  

Answers


26 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
bez odniesienia do zasad (tego stanu) regulujących wybor prawa wlasciwego


Explanation:
choice of law = In conflicts of law, (...) determining what law should govern. There are a number of different choice of law principles used by courts in determining the applicable law to apply, e.g. substantive vs. procedure distinction, (...) place of most significant relationship.

choice of law clause = a contractual provision wherein the parties designate the state whose law will govern disputes arising out of their agreement.

(Black's Law Dictionary)

Zacytuje jeszcze wyjasnienie uczestnika innej listy dyskusyjnej dot. zdania "shall be governed by, and construed in accordance with, Swiss law
without giving effect to the choice of law principles thereof:

"It seems reasonable to assume that one or more of the parties is not Swiss,
as evidenced by the fact that you have an English text. So we'll assume
that one of these parties comes from the country of X. X has its own
contract law, its own statutes, its own tort law, and perhaps other bodies
of law which could be applied to the engagement letter. However, the
parties specifically agree that Swiss contract law, statutes, etc. shall
govern the terms, proposal, and/or engagement letter and disputed/unclear
terms shall be construed in accordance with Swiss law (even if the
counterpart in X says otherwise.) Apparently Swiss law permits a choice of
law under which disputes are to be handled. The parties (assuming they sign this document) agree that this principle of choice of law shall not apply in this case."

Hope that helps,

Jacek




Jacek Krankowski
PRO pts in pair: 2960
Grading comment
Dzieki, pomoglo. JS
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