James J. Fawcett
- Applicable law — Taking evidence — Statutes of limitation — Damages
1.01 Procedure is highly important in transnational disputes, both in the context of litigation and arbitration. Many cases are decided not on the basis of the applicable substantive law or the merits of the action but because one party has secured or been granted a procedural advantage over the other. Most of the legal literature and court decisions on procedural issues in private international law have focused on individual topics within the broad realm of procedure, such as service of process and jurisdiction, the taking of evidence, or interim or provisional...