Substance and Procedure in Private International Law

ISBN : 9780199532797

Richard Garnett
456 Pages
160 x 236 mm
Pub date
Mar 2012
Oxford Private International Law Series
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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.


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

About the author: 

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.

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