Details
- Examines the rules governing substance and procedure in private international law to provide a clear and precise delimitation of their function
- Outlines the procedural classification and its importance as a tool within forum law
- Discusses important areas of legal doctrine, such as damages, evidence, and statutes of limitation, to demonstrate the distinctions used
- Provides practical guidance on how the substance-procedure distinction might be applied in future cases
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.
Readership: Practitioners and academics specializing in private international law and the conflict of laws.
1: Introduction
2: The Substance and Procedure Distinction: Origins, Rationale, and Definition
3: Characterization, Alternative Methods of Forum Reference, and Harmonization
4: Service and Jurisdiction
5: Parties to Litigation
6: Judicial Administration
7: Evidence I: General Principles
8: Evidence II: Taking Evidence Abroad, Privilege, and Other Bars on Disclosure
9: Statutes of Limitation
10: Remedies I: General Principles, Non-Monetary Relief, and Statutory Restrictions
11: Remedies II: Damages and Statutory Compensation
12: Conclusion
Richard Garnett, National Consultant, Freehills Solicitors, Australia, and Professor of Law, University of Melbourne
Richard Garnett is a Professor of Law at the University of Melbourne and is a national consultant to Freehills Solicitors in Australia. He regularly advises on cross-border litigation and arbitration matters and has written extensively in these fields, with his work cited by European, North American and Australian courts. He has been admitted as a barrister and solicitor in Victoria, a solicitor in New South Wales and a solicitor in England and Wales. He holds degrees in law from the University of New South Wales and Harvard Law School.
"This book is an invaluable addition to the library of any private international law scholar. For the practitioner, it offers a thorough analysis of the law as it stands in a number of jurisdictions and provides incisive analysis of trends for future legal development. For the academic, it provides a framework for an area of private international law which has been, and remains, bedevilled by difficulty. In time, one suspects that Professor Garnett's work will come to shape the development of the law and will help to secure the coherence in this area to which his work is directed." - . Dr Albert Dinelli, Ninian Stephen Chambers
"Quite simply, this is the most extended discussion of a seminal topic in the conflict of laws to be found anywhere in the common law world. It is an internationally significant work of great erudition and insight, written with a clarity that is worthy of acclamation." - Andrew Bell SC, Australian Law Journal
