Ted Jacob Engineering Group Inc v Morrison and another

Civil evidence – Contract – Construction – Applicability of foreign law – Expert evidence on foreign law. Court of Session: In an action in which the pursuer sought reparation for loss allegedly sustained as a result of fraud and wrongful conduct, for which defenders were allegedly personally liable under the law of the United Arab Emirates('UAE') as applied in the Emirate of Dubai, and the court heard a preliminary proof regarding the applicability of the law of the UAE in which an issue arose as to the proper scope of the evidence of an expert witness in respect of foreign law, the court held that the function of the experts as regards the construction of a contract governed by foreign law was to give evidence as to the rules and principles regarding the law of construction of contracts as a matter of foreign law, and it was thereafter for the court, applying those rules and principles, to construe the disputed terms in the contract.

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