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ACCA Applied Skills · Corporate and Business Law (Global) · International trade, international legal regulation and conflict of laws

A court judge in Country R is asked to decide whether the contract between Fenn Ltd and Gale Ltd is valid. Fenn Ltd argues that the dispute should be heard in Country R because that is where the contract was signed. Which statement best describes the term 'forum' in this context?

The forum is the court or tribunal where proceedings are brought. It is separate from the governing or proper law, which is the law chosen to decide the contract's substance, and it is not the place of performance or an arbitration body.

  1. AThe law chosen by the parties to govern their contract
  2. BThe court or tribunal in which the legal proceedings are broughtCorrect
  3. CThe place where the contract was performed
  4. DThe arbitration institution named in the contract

Explanation

The forum is the court where proceedings are brought. The law chosen is the governing or proper law, and these are distinct concepts in conflict of laws.

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