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Cheshire, North & Fawcett: Private International Law, 15th Edition by Grušić, Uglješa; Heinze, Christian; Merrett, Louise; Mills, Alex; Otero García-Castrillón, Carmen; Tang, Zheng Sophia; Trimmings, Katarina; Walker, Lara (28th September 2017)

Part II Preliminary Topics, 6 Substance and Procedure

Paul Torremans

From: Cheshire, North & Fawcett: Private International Law (15th Edition)

Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara Walker
Edited By: Paul Torremans, James J. Fawcett

Subject(s):
Choice of law clauses — Substance and procedure — Limitations on jurisdiction — Substance and Procedure

This chapter examines the substance and procedure of private international law. It first explains the distinction between substance and procedure, noting that all matters appertaining to procedure are governed exclusively by the law of the forum, along with the importance of the distinction and how such distinction is to be made. It then considers a number of particular issues whose classification as substantive or procedural raises difficulties, namely: the time within which an action must be brought; evidence, taking into account evidence by means of request, direct taking of evidence by the requesting court, and presumptions and burden of proof; the identity of the parties to the action; priorities; the nature and extent of remedy; damages; judgments in foreign currency; and execution of judgments.

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