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Substance and Procedure in Private International Law (eBook)


ISBN13: 9780191629365
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £183.33
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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 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.

  • 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

Subjects:
Conflict of Laws, eBooks
Contents:
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;

Series: Oxford Private International Law

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Choice of Law in International Commercial Contracts (eBook) ISBN 9780192576415
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International Negotiable Instruments ISBN 9780198828686
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Private International Law Online: Internet Regulation and Civil Liability in the EU ISBN 9780198865261
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The Anti-Suit Injunction 2nd ed ISBN 9780198778936
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Sovereign Defaults Before Domestic Courts ISBN 9780198807230
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Sovereign Defaults Before Domestic Courts (eBook) ISBN 9780192534057
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Conflict of Laws and Arbitral Discretion: The Closest Connection Test ISBN 9780198787440
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Conflict of Laws and Arbitral Discretion: The Closest Connection Test (eBook) ISBN 9780191091339
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Human Rights and Private International Law ISBN 9780199666409
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Freedom of Establishment and Private International Law for Corporations ISBN 9780199698042
Published March 2012
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£207.50
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Substance and Procedure in Private International Law ISBN 9780199532797
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£242.50
Employment Contracts In Private International Law ISBN 9780199591046
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Employment Contracts In Private International Law (eBook) ISBN 9780191632075
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The Arrest of Ships in Private International Law ISBN 9780199581351
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Intellectual Property and Private International Law 2nd ed ISBN 9780199556588
Published February 2011
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£395.00
The Anti-Suit Injunction Updating Supplement ISBN 9780199588473
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£87.00
Cross-Border Divorce Law: Brussels II Bis ISBN 9780199581191
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Cross-Border Consumer Contracts ISBN 9780199276547
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Agreements on Jurisdiction and Choice of Law ISBN 9780199282302
Published March 2008
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£390.00
Civil Jurisdiction Rules of the EU and their Impact on Third States ISBN 9780199228577
Published January 2008
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£215.00
Conflict of Laws Within the UK ISBN 9780199202454
Published October 2007
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Insolvency in Private International Law: 1st Supplement to 2nd ed ISBN 9780199288731
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Insolvency in Private International Law 2nd ed with 1st Supplement ISBN 9780199214952
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The Transfer of Property in the Conflict of Laws ISBN 9780199271474
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International Sale of Goods in the Conflict of Laws ISBN 9780199244690
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Choice of Law for Equitable Doctrines ISBN 9780199274925
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Procedural Law in International Arbitration ISBN 9780199249480
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Foreign Law in Civil Litigation: A Comparative and Functional Analysis ISBN 9780199264766
Published January 2004
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Forum Shopping and Venue in Transnational Litigation ISBN 9780199248186
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£217.50
Shares and Other Securities in the Conflict of Laws ISBN 9780199256136
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£240.00
Cross-border Enforcement of Patent Rights ISBN 9780199249695
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Res Judicata, Estoppel and Foreign Judgments ISBN 9780199243396
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£192.50
Corporations in Private International Law ISBN 9780198299257
Published March 2002
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Enforcement of Judgments in Europe
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Claims for Contribution and Reimbursement in an International Context ISBN 9780198268963
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The Hague Convention on International Child Abduction ISBN 9780198260646
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Autonomy in International Contracts ISBN 9780198262701
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Foreign Law in English Courts: Pleading, Proof and Choice of Law ISBN 9780198258780
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Declining Jurisdiction in Private International Law ISBN 9780198259596
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