3 Characterization, Alternative Methods of Forum Reference, and Harmonization
James J. Fawcett
- Applicable law — Overriding mandatory rules — Public policy — Rome I Regulation and choice of law — Substance and procedure — Rome Convention — Pleading foreign law — Scope of the law applicable under the Rome II Regulation — Tort/delict — Hague Evidence Convention
3.01 The focus of this chapter is on three important issues relating to the study of choice of law and procedure. The first topic is characterization or classification, which examines the method(s) by which a Commonwealth court resolves choice of law questions generally and which will have particular relevance when examining the distinction between substance and procedure. The second issue to be addressed is the other means by which matters may be referred to the law of the forum in Commonwealth private international law—apart from the procedural classification....