James J. Fawcett
- Applicable law — Overriding mandatory rules — Public policy — Taking evidence abroad — Issue and cause of action estoppel
12.01 The primary focus of this work has been on the distinction between substance and procedure in private international law. All legal systems have long acknowledged a distinction between procedural and substantive matters, with the former governed by forum law and the latter category by the law of the cause of action. Common law countries have traditionally taken a very wide view of procedure based on the right/remedy distinction, with all matters pertaining to the rights of the parties being deemed substantive and any issue concerning the ‘remedy’ regarded as...