"When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason."--Publisher's website.
Bibliography, etc. Note
Includes bibliographical references (pages 365-373) and index.
Formatted Contents Note
Introduction The substance and procedure distinction : origins, rationale, and definition Characterization, alternative methods of forum reference, and harmonization Service and jurisdiction Parties to litigation Judicial administration Evidence I : general principles Evidence II : taking evidence abroad, privilege, and other bars on disclosure Statutes of limitation Remedies I : general principles, non-monetary relief, and statutory restrictions Remedies II : damages and statutory compensation Conclusion.
Digital File Characteristics
Available in Other Form
Print version: Garnett, Richard (Lawyer). Substance and procedure in private international law. 1st ed. Oxford, U.K. : Oxford University Press, 2012