LAWS6824 - Commercial Conflict of Laws: Australian Courts Law

This essay delves into the intricacies of commercial conflict of laws, particularly focusing on the application of Australian law in determining the formation and validity of choice of court agreements. It references key cases such as Trina Solar (US), Inc v Jasmin Solar Pty Ltd and considers the Convention on Choice of Court Agreements. The essay also discusses the Australian legal system, court agreements, and jurisdiction, highlighting the interplay between common law, statutory frameworks, and international conventions. It further examines the enforceability and interpretation of jurisdiction clauses in international contracts, emphasizing the importance of these clauses in resolving disputes and determining applicable law. The document is contributed by a student and is available on Desklib, a platform that provides various AI-based study tools and resources for students.

Commercial Conflict
of Laws Research
Essay

Introduction
The commercial law is mentioned as business and corporate law. This law focus on the
laws which governs sales, trade, merchandise and commerce, and it also participate in activities
which includes businesses and individuals. The commercial law is a division of civil and
commercial law which surrounds a many topics mainly as taxation law, finance and banking law,
trade and practices and consumer law. The Australian commercial law obtain its power from
numerous founts. The Corporation Act 2001 set forth the law which preside over how
companies are set up, and how they will operate, internally and their relationship with other
businesses. This statute is regulate by the Australian Securities and Investment Commission.
Commercial law plays essential role in modern era most of businesses and the individuals
operate in what can be seen as disputative time. The commercial law protects businesses, which
examines international commercial law, and provides the detailed introduction to World Trade
Organization and to agreement central to trade business countries. Many of these categories
comes within this law, the aspect of this law pertaining to the financial markets. This will also be
to regulate corporate contracts, hiring practices and sales of consumer goods. This draft also
includes the Australian Legal System, Court Agreements and Jurisdiction.
Main Body
The Australian Legal System is distinctive, this is a combination of English common law
and U.S. this framework is developed from the federal nature of Australia. the legal system of
this country which consists of the body of law, most of the countries which were the colony of
British, they have legal system which have been handed down to them, in most of the cases the
countries have get independence from them. The laws have been made and specifically serves
need of the society. The constitution of Australia defined the legal system of Australia. the
federal nature of government governs in Australia, the states and the territory of government
have better control over the laws which exists in the judicial system. There is a bicameral
parliament in each state and territory. The system of courts in each of the territory and state is in
the hands of many of laws of the jurisdiction, and most of them are from the common law of
England and which is inherited by Australia from Britain when they were their colony.

There is a convention for choice of court agreements which have been set out for how the
jurisdiction being treated by the court in private contract, the parties have discretion that where
they wants to resolve the disputes. This convention will apply to civil and commercial laws and
this have exclusion and qualification. The objective of this convention is to support. This
convention only applies to the exclusive choice of the agreements made by the court, these
agreements have to be presumed and have to be exclusive until the parties provide this otherwise.
The convention of the Hague Principles will reflect the existing situation, where the choice of
agreements of court will generally given effect from the relevant courts, this convention also
imposes some obligation on courts as to be designated in this jurisdiction and have to be obliged
to perform jurisdiction, the courts are obliged to decline the jurisdiction, the agreements in
Australia for the treatment of exclusive choice of court is largely governed from common law.
The enforceability of this agreement is general. The new civil law act will implement this
convention. The committee stated that Singapore is the only asian party to the treaty and taken
into consideration the AGD's proof that Asia did not get the required concern for the purpose of
representation at the Hague conference. Giving much importance to the relationship among
Australian and Asian commercial activities, the committee appreciates the efforts of Australia of
pushing the Asian countries in the participating at the above mentioned conference. The NIA
stated that the treaty will ascertain that the adjudicating authority must exercise its control
according to the agreements formulated between the parties. This will create a balance and
removes uncertainty between the proceedings going hand in hand in various domains. The
further application of the treaty will ensure that more number of foreign verdicts will be able to
get acknowledgement and imposition in Australia. It is believed by NIA that this will definitely
increase the scope of business litigation across the border as the substitute to arbitration which
will ensure much more competitiveness and reduced costs
the governing law is to be determined as the law which can be applied to an agreement and the
legal dispute arises from it. It also provides about the set of legal principle which will be applied
to determine the rights and obligation of the parties. We have the choice of law which can clause
any of the international contracts. Generally the courts will respect the parties, this clause may
not be effective. The courts in many circumstances applies their own procedural and related rules
to determine the dispute. The courts will have the choice of law and this can be conferred with
the terms and nature of the contract and the general circumstances. This will be governed by law

if there is no express and implied choice of law. The jurisdiction clause is there to select the
court which will interfere a dispute arises with any agreement between the parties. It will also
determine the court which adjudicate dispute and the chosen law will be applied to the selected
jurisdiction. The choice of jurisdiction have to be there, when there is a contract or it may have a
foreign element. If the jurisdiction clause is being omitted then the parties may suffer the
disadvantages. The parties in a civil proceeding have the exclusive jurisdiction to the court, that
only means the said court have the power to adjudicate the case until there is any strong case is
against it . the forum non-conveniens have to be refer there.