法律冲突（国际私法）
管辖权、准据法和外国判决的承认。
简介
法律冲突确定当案件涉及国际因素时适用哪个管辖权和哪部法律。
核心原则
Jurisdiction — Post-Brexit, English courts determine jurisdiction under common law (service of proceedings, submission, forum non conveniens) and retained EU law for matters not covered by international conventions.
Applicable Law in Contract — The Rome I Regulation (retained) determines the law applicable to contractual obligations. The parties' choice of law is generally respected. In the absence of choice, the law of the country most closely connected applies.
Applicable Law in Tort — The Rome II Regulation (retained) determines the law applicable to non-contractual obligations. The general rule is the law of the country where the damage occurs (lex loci damni).
Recognition of Foreign Judgments — Foreign judgments may be recognised and enforced under common law (requiring a final and conclusive judgment of a court with jurisdiction), bilateral treaties, or the Hague Convention on Choice of Court Agreements 2005.
Forum Non Conveniens — English courts may stay proceedings if another forum is clearly more appropriate for the trial of the action (Spiliada Maritime Corp v Cansulex [1987]).
关键法规
Private International Law (Implementation of Agreements) Act 2020
重要判例
Spiliada Maritime Corp v Cansulex
[1987] AC 460
Owusu v Jackson
[2005] ECR I-1383
常见情景
Cross-border contract dispute post-Brexit
Determine jurisdiction under common law rules (service, submission) or residual retained EU law. The applicable law is determined by the Rome I Regulation (retained): the parties' choice of law prevails; otherwise, the law most closely connected to the contract applies.