I have cross border business dispute which is being prosecuted in the country in which my company is registered [Czech Republic].The plaintiff is a Swiss company and the contract in question states succinctly it is subject to Swiss Law.The case is due to be heard in a small Czech court in front of a judge who is only qualified in Czech law.Can a judge in one country prosecute a case according to the laws of another country without formal qualifications in the alternative law ?.
2006-11-06 02:59:45 · 5 answers · asked by morasice17 3 in Politics & Government ➔ Law & Ethics
Does this mean that the person drawing up the contract didn't include a jurisdiction clause? It is not sufficient to say that the contract is subject to Swiss law if it is not added that in the event of any dispute the Swiss courts have jurisdiction. If there is a jurisdiction clause (as I hope) then the Czech judge will presumably rule that he has no jurisdiction, i.e. no right to hear the case and it will all be a waste of everybody's time and money. In any event, it is to be anticipated that the first application anyone makes to the Czech court is for a ruling on jurisdiction. Have another look at the contract before everything has gone too far.
2006-11-06 06:21:08 · answer #1 · answered by Doethineb 7 · 0⤊ 0⤋
Well, they can't. The Czech court has no right to prosecute under a law that exists in another country. Let alone the judge be quaified, that question doesn't even arise. Your solicitor should be able to get it thrown out in 5 seconds.
Unless you include the obvious cases of the same law applying to both countries or an international law.
By the way, it doesn't sound like your question is related to international law at all, it relates to Czech domestic law implementing Swiss law.
Unless of course the Czech system is so messed up that they allwo procecution under any random countries legal system
2006-11-06 03:09:21 · answer #2 · answered by Michael H 7 · 0⤊ 0⤋
Hmmm. It is usual for the case to be heard in the jurisdiction where the Defendant is based. You may have a "choice of laws" clause but if there is not also a clause giving the Swiss courts exclusive jurisdiction, then there is a grey area in the contract.
Did you try to agree with the other side a change in venue? If so, then they must think they have something to gain by having the case heard in the Czech Republic.
I would have though your advocate would have a strong case for getting the claim transferred to the Swiss Courts.
2006-11-06 03:17:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Cant help you one bit mate but it seams like your getting
the bms rush
Some legal advise should be your next objective.
Best of British mate,
2006-11-06 03:11:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
dude you really need to get a lawyer. i am sorry i cannot help and really doubt if anyone on this forum can. Do yourself a favor and hire a lawyer if only to at least explain the situation and to get direction. God bless you!
2006-11-06 03:06:00 · answer #5 · answered by ? 6 · 1⤊ 0⤋