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Part VI The Conduct of Proceedings, 20 The Proof of Foreign Law

From: International Commercial Litigation (2nd Edition)

Richard Fentiman

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 May 2024

Legal risk
20.01 The pleading of foreign law is generally voluntary in English law. There are numerous decided cases where neither party relied upon foreign law, with the effect that English law applied instead.2 In practice, a party is likely to plead foreign law only in three circumstances: where English law offers no equivalent claim or defence; where foreign law is significantly more advantageous than English law; and, where the pleading of foreign law is mandatory (for example, where foreign law is exclusively applicable, as in cases involving immovable property,...
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