2 The Substance and Procedure Distinction
James J. Fawcett
- Common law recognition — Forum shopping and disputes — Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions — Forum non conveniens — Public policy — Substance and procedure — Overriding mandatory rules — Admissibility — Court proceedings — Taking evidence abroad — Jurisdictional agreements and the common law
2.01 while choice of law in general is a highly contentious and disputed area in almost every national system of private international law, one rule is universally accepted and applied: matters of procedure are governed by the law of the forum. The corollary of this rule is that courts of the forum do not apply foreign procedural law and it is notable that in the majority of decisions from common law countries the focus has been on whether foreign law should be denied application because it is procedural1 rather than whether ‘forum law covers the field and …...