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See detailChoice of Law for Contract of Carriage of Goods in the European Union
Okoli, Chukwuma UL

in Lloyd's Maritime and Commercial Law Quarterly (2015), 4(3), 13

This article analyses the law applicable to contract of carriage of goods under the European Union choice of law rules. It analyses two decisions of the Court of Justice of the European Union (“CJEU), and ... [more ▼]

This article analyses the law applicable to contract of carriage of goods under the European Union choice of law rules. It analyses two decisions of the Court of Justice of the European Union (“CJEU), and a decision of the English High Court on choice of law rules for contract of carriage of goods under the Rome Convention. The Rome Convention is then compared with Rome I Regulation. The author observes and concludes that some of the complex problems of determining the law applicable to a contract of carriage of goods through the default rules under the Rome Convention appear to have been improved under Rome I, which creates more certainty. However, the Rome I regime for determining the law applicable to a contract of carriage of goods is by no means perfect, and a resort to some other case law decisions from the CJEU may prove to be helpful in the future. [less ▲]

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See detailCHOICE OF LAW IN THE EUROPEAN UNION: JUDICIAL DISCRETION, PROCEDURE AND EVIDENCE
Okoli, Chukwuma UL

Scientific Conference (2015, September 05)

In the European Union choice of law rules, uniformity and legal certainty are the principal concern of the European legislator. Two main issues are considered. First, it is considered whether the ... [more ▼]

In the European Union choice of law rules, uniformity and legal certainty are the principal concern of the European legislator. Two main issues are considered. First, it is considered whether the exclusion of matters of procedure and evidence from the legislative competence of the European legislator threatens the aim of legal certainty and uniformity. Second, the extent to which the Court of Justice of the European Union (“CJEU”) has contributed to the aims of legal certainty in interpreting the escape clause for contractual obligations is analysed. On the first issue, this research paper focuses on problems relating to the English procedure on the determination of the applicable law in English courts (or common law courts) during interlocutory proceedings. It is questioned whether a tentative or preliminary determination of the applicable law promotes the aim of legal certainty and stability of legal relationship among parties during judicial proceedings. It is questioned whether the standard of the good arguable case in determining whether or not English law applies at the ex parte stage in determining the existence of the English traditional common law jurisdiction, for the purpose of service on a foreign defendant encourages forum shopping in English courts, and thereby threatens the aim of uniformity in determining the applicable law. In addition (also on the first issue), it is questioned whether the English rule of evidence on proof of foreign law promotes the application of the law of the forum, and thereby threatens uniformity. On the second issue, it is assessed whether the decision of the CJEU in interpreting the escape clauses for commercial contracts, and employment contracts has promoted the aims of legal certainty. The conclusion reached is that despite the European legislator’s emphasis on the aims of uniformity in the choice of law process, a diverse approach or outcome on the determination of the applicable law cannot be avoided. [less ▲]

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See detailEnglish Courts' Interpretation of Rome II Regulation
Okoli, Chukwuma UL

Scientific Conference (2015, May 22)

The presentation deals with the common law jurisprudence on Rome II Regulation. The author concludes that the English courts have honoured the aims of Rome II Regulation. However, the author highlights ... [more ▼]

The presentation deals with the common law jurisprudence on Rome II Regulation. The author concludes that the English courts have honoured the aims of Rome II Regulation. However, the author highlights some other significant issues which he intends to do further research. [less ▲]

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See detailAASA: locating the central administration of a subsidiary company which is part of a group of companies under Article 60 of Brussels I Regulation
Okoli, Chukwuma UL

in European Company Law (2015), 1

There is no definition of the term “central administration” under Article 60(1)(b) of Brussels I; and Article 60 of Brussels I does not make specific provisions for locating the central administration of ... [more ▼]

There is no definition of the term “central administration” under Article 60(1)(b) of Brussels I; and Article 60 of Brussels I does not make specific provisions for locating the central administration of a subsidiary company within a corporate group. English Courts in Anglo American South Africa Limited after a re-evaluation of the correctness of previous decisions by English judges on the subject of Article 60(1)(b), provided an autonomous interpretation of central administration, and sought to apply the concept of central administration in a “European way” to a subsidiary company within a corporate group. The author challenges the approach of English judges for not referring the question of how Article 60(1)(b) applies to corporate groups to the CJEU. [less ▲]

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See detailSowing the Seeds of a Future African Union Private International Law: A Review of Private International Law in Commonwealth Africa
Okoli, Chukwuma UL

in Journal of Private International Law (2014), 10(3), 17

This work reviews the monograph titled Private International Law in Commonwealth Africa. The reviewer considers the work to be very significant. The work builds on the previous works of the author (of the ... [more ▼]

This work reviews the monograph titled Private International Law in Commonwealth Africa. The reviewer considers the work to be very significant. The work builds on the previous works of the author (of the monograph) principally aimed at the development of private international law (PIL) in Africa. The reviewer situates the work in a larger context by interpreting the work and previous works of the author (of the monograph) as seeds for the development of a future African Union (AU) PIL. In this regard, the reviewer is able to select four major themes that justify the significance of the work in relation to a future AU PIL. These themes concern limitations on previous works on African PIL, the significance of PIL to AU economic integration, the impact of human rights and constitutional law on PIL in Africa, and a plea for cooperation as it relates to a future AU PIL. However, the reviewer exposes the scepticism as to a future AU PIL, and concludes that despite this scepticism, the work is significant enough to sow the seeds of a possible AU PIL. [less ▲]

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See detailLate payment of freight and hire - power to award interest under the 1998 Act.
Okoli, Chukwuma UL

in Journal of International Maritime Law (2014), 4

Comments on the Commercial Court judgment in Martrade Shipping & Transport GmbH v United Enterprises Corp on whether to award interest under the Late Payment of Commercial Debts (Interest) Act 1998 in a ... [more ▼]

Comments on the Commercial Court judgment in Martrade Shipping & Transport GmbH v United Enterprises Corp on whether to award interest under the Late Payment of Commercial Debts (Interest) Act 1998 in a dispute about a charterparty, which was governed by English law and referred to London arbitration, but otherwise had no significant connection with the UK. [less ▲]

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See detailEnglish Courts Address the Potential Convergence between the Doctrines of Piercing the Corporate Veil, Party Autonomy in Jurisdiction Agreements and Privity of Contract
Okoli, Chukwuma UL

in Journal of Business Law (2014)

Examines case law on whether the courts could pierce the corporate veil in order to enforce a contractual jurisdiction clause against the controller of a company pursuant to Regulation 44/2001 (Brussels I ... [more ▼]

Examines case law on whether the courts could pierce the corporate veil in order to enforce a contractual jurisdiction clause against the controller of a company pursuant to Regulation 44/2001 (Brussels I Regulation) art.23, despite this party not having been privy to the contract. Comments on two issues addressed in the jurisprudence: (1) the use of the agent-principal relationship as an analogy for the relationship between a company and its controller; and (2) the argument that the controller may be deemed to have consented to the jurisdiction agreement. [less ▲]

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See detailThe Significance of the Doctrine of Accessory Allocation As a Connecting Factor Under Article 4 of the Rome I Regulation
Okoli, Chukwuma UL

in Journal of Private International Law (2013), 9(3), 49

The doctrine of accessory allocation is given special significance as a connecting factor by the framers of Rome I Regulation (through Recitals 20 and 21) in utilising the escape clause and principle of ... [more ▼]

The doctrine of accessory allocation is given special significance as a connecting factor by the framers of Rome I Regulation (through Recitals 20 and 21) in utilising the escape clause and principle of closest connection under Article 4. This article analyses the application of the doctrine under the Rome Convention; the possible reasons why the framers of Rome I gave the doctrine special significance; the nature of inquiry a Member State court would be faced with in applying the doctrine especially in very closely related contracts such as back-to-back contracts; and the dilemma faced by the court in determining the quantum of weight to attach to the application of the doctrine as it relates to displacing the main rule(s). The author concludes by stating that there is need for more clarity on the significance of the doctrine of accessory allocation as a connecting factor under Article 4 of Rome I. [less ▲]

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See detailThe Operation of the Escape Clauses in the Rome Convention, Rome I Regulation and Rome II Regulation
Okoli, Chukwuma UL; Arishe, Gabriel Omoshemime

in Journal of Private International Law (2012), 8(3), 33

This article critically discusses the various approaches to the operation of the escape clauses in the Rome Convention, Rome I Regulation and Rome II Regulation. A proposal is made for the deletion of the ... [more ▼]

This article critically discusses the various approaches to the operation of the escape clauses in the Rome Convention, Rome I Regulation and Rome II Regulation. A proposal is made for the deletion of the doctrine of implied choice of law in view of different conflicting decisions in English courts concerning its relationship with the escape clause under the Rome Convention. Recent English judicial decisions are utilised in distinguishing the threshold of displacement under the Rome Convention and Rome I Regulation. Recent judicial decisions from England and Ireland are utilised. Proposals are made as to how a pre-existing relationship should be utilised in applying the escape clause under the Rome II Regulation. [less ▲]

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See detailProduction Sharing Agreements and Licences: A Distinction Without a Difference?
Okoli, Chukwuma UL

in International Energy Law Review (2012)

Considers possible reasons why some states prefer production sharing agreements (PSAs), some prefer licences and others prefer a combination of the two when developing their oil and gas resources ... [more ▼]

Considers possible reasons why some states prefer production sharing agreements (PSAs), some prefer licences and others prefer a combination of the two when developing their oil and gas resources. Outlines key distinctions between the mechanisms and how the choice of approach may be influenced by factors including: (1) whether a state is developed or developing; (2) the duration of the exploration; (3) whether flexibility is required; (4) the investment risk; (5) the degree of regulatory measures involved; and (6) levels of competition [less ▲]

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