Substance and Procedure in Private International Law (Oxford by Richard Garnett

By Richard Garnett

whilst the legislation of a international nation is chosen or pleaded via a claimant or defendant, a question arises to whether the difficulty relates to substance, during which case it can be resolved by means of overseas legislation, or strategy, during which case it is going to be ruled by way of the legislation of discussion board. This ebook examines the excellence among substance and strategy questions in deepest overseas legislation, and analyses the place and even if each one is suitable. to take action, it examines earlier makes an attempt to
define the scope of method in inner most foreign legislations, considers replacement number of legislations equipment for referring issues to the legislation of discussion board, and examines the impact of the doctrine of characterization on procedure.

Substance and strategy in inner most overseas legislation additionally offers special research of the decisional legislations during which the substance-procedure contrast has been hired, making a transparent evaluation of its program in quite a few sensible events and delivering priceless information for practitioners on how the excellence might be utilized. The booklet additionally considers 'procedural' subject matters equivalent to carrier of procedure and the taking of proof overseas, with a purpose to exhibit how the applying of
forum legislation may well extra be restricted by means of international legislation. With a foreword via the Hon Sir Anthony Mason.

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