Conflict of Laws Notes
Prepared By: Sultan Kassim
Haramaya
(ed.)by Mikiyas.D (Dire Dawa University)
Micky Short Note Center
, Chapter One
General Introduction On Conflicts
• Various names have been suggested to refer to the subject but each
are inadequate to describe it
• Does not have a universally agreed up on definition
• Robert Allen Sedler Defines :
– “ that body of law that determines whether the forum will give effect
to the laws of another state where the case that is adjudicated
contains a foreign element.”
– When does a case contains a foreign element?
– Three grounds:
1. When the events giving rise to the litigation occurred partially or
totally in foreign lands or;
2. When the Parties to the dispute are domiciliary, nationals or
residents of different states; or
3. When the property ( subject matter of the dispute) is situated
outside the forum.
6/10/2022 Conflict Tutorial,2013, Sultan K. HUCOL 2
,A. Nature
• 1. Conflict of law rules does not by themselves dispose
of a case with substantive remedy. They simply indicate
the law through which final remedy could be obtained
• 2. Is not concerned with public cases like criminal,
revenue, customs, constitutional and administrative
cases. It deals with disputes of private nature.
• 3. It is basically a national law made by each country.
• 4. conflict problems arise at both the international (
intra -state) and national level (interstate conflicts).e.g.
in Federations
6/10/2022 Conflict Tutorial,2013, Sultan K. HUCOL 3
, • B. Scope
• According to the traditional view, conflicts mainly
deal with three major sub-divisions
• They are:
– Judicial jurisdiction, (whether the forum court has the
power to see and decide on the case);
– Choice of law, ( the law which related state governs
the case) and;
– Recognition and enforcement of foreign judgments
and foreign arbitral awards. ( How should we
recognize a foreign judgment and ward; How to
execute domestically.)
6/10/2022 Conflict Tutorial,2013, Sultan K. HUCOL 4
Prepared By: Sultan Kassim
Haramaya
(ed.)by Mikiyas.D (Dire Dawa University)
Micky Short Note Center
, Chapter One
General Introduction On Conflicts
• Various names have been suggested to refer to the subject but each
are inadequate to describe it
• Does not have a universally agreed up on definition
• Robert Allen Sedler Defines :
– “ that body of law that determines whether the forum will give effect
to the laws of another state where the case that is adjudicated
contains a foreign element.”
– When does a case contains a foreign element?
– Three grounds:
1. When the events giving rise to the litigation occurred partially or
totally in foreign lands or;
2. When the Parties to the dispute are domiciliary, nationals or
residents of different states; or
3. When the property ( subject matter of the dispute) is situated
outside the forum.
6/10/2022 Conflict Tutorial,2013, Sultan K. HUCOL 2
,A. Nature
• 1. Conflict of law rules does not by themselves dispose
of a case with substantive remedy. They simply indicate
the law through which final remedy could be obtained
• 2. Is not concerned with public cases like criminal,
revenue, customs, constitutional and administrative
cases. It deals with disputes of private nature.
• 3. It is basically a national law made by each country.
• 4. conflict problems arise at both the international (
intra -state) and national level (interstate conflicts).e.g.
in Federations
6/10/2022 Conflict Tutorial,2013, Sultan K. HUCOL 3
, • B. Scope
• According to the traditional view, conflicts mainly
deal with three major sub-divisions
• They are:
– Judicial jurisdiction, (whether the forum court has the
power to see and decide on the case);
– Choice of law, ( the law which related state governs
the case) and;
– Recognition and enforcement of foreign judgments
and foreign arbitral awards. ( How should we
recognize a foreign judgment and ward; How to
execute domestically.)
6/10/2022 Conflict Tutorial,2013, Sultan K. HUCOL 4
