Part II Preliminary Topics, 5 Renvoi

Subject(s):

Choice of law clauses — Stays of English proceedings — Limitations on jurisdiction

This chapter examines the doctrine of renvoi in relation to private international law. It first explains the problem associated with the doctrine of renvoi before discussing three possible solutions: applying the internal rules of ‘the law of the country’ only; applying the doctrine of single renvoi; or applying the doctrine of total renvoi. It then considers three objections to the doctrine. First, the total renvoi doctrine does not necessarily ensure uniform decisions. Second, the total renvoi doctrine signifies the virtual capitulation of the English rules for choice of law. Third, the total renvoi doctrine is difficult to apply. The chapter also analyses some decisions supporting the doctrine of total renvoi and concludes with a review of the scope of the application of renvoi by looking at cases where it is inapplicable and issues to which it may apply.