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Substance and Procedure in Private International Law

Substance and Procedure in Private International Law by Richard Garnett
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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 todefine 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 offorum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.
OUP Oxford; March 2012
456 pages; ISBN 9780191629365
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Title: Substance and Procedure in Private International Law
Author: Richard Garnett
 
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ISBNs
0191629367
9780191629365
9780199532797