The Application of Foreign Law in the British and German Courts

This book explores the application of foreign law in civil proceedings in the British and German courts. It focuses on how domestic procedural law impacts on the application of choice of law rules in domestic courts. It engages with questions involved in the investigation and determination of foreign law as they affect the law of England and Wales, Scotland, and Germany. Although the relevant jurisdictions are the focus, the comparative analysis extends to explore examples from other jurisdictions, including relevant international and European conventions. Ambitious in scope, it expertly tracks the development of the law and looks at possible future reforms. Volume 34 in the series Studies in Private International Law "This book explores the application of foreign law in civil proceedings in the British and German courts. It focuses on how domestic procedural law impacts on the application of choice of law rules in domestic courts. It engages with questions involved in the investigation and determination of foreign law as they affect the law of England and Wales, Scotland, and Germany. Although the relevant jurisdictions are the focus, the comparative analysis extends to explore examples from other jurisdictions, including relevant international and European conventions. Ambitious in scope, it expertly tracks the development of the law and looks at possible future reforms."-- Site de l'éditeur "This book explores the application of foreign law in civil proceedings in the British and German courts. It focuses on how domestic procedural law impacts on the application of choice of law rules in domestic courts. The work comparatively engages with the relevant issues as they affect England and Wales, Scotland, and Germany. Although the relevant jurisdictions are the focus, the comparative analysis extents to explore examples form other jurisdictions. Ambitious in scope, it expertly tracks the development of the question and looks possible future reforms"-- Provided by publisher Series Editor’s Preface Acknowledgements Contents Abbreviations Table of Cases Introduction 1. Fundamentals I. Preliminary Matters II. Prerequisites to Applying Foreign Law by Means of Choice of Law Rules 2. Historical I. Great Britain II. Germany III. Conclusions 3. Present I. Introduction II. The Court III. The Parties IV. Experts V. Failure to Prove the Content of the Applicable Foreign Law VI. Appeals 4. Future I. Domestic Reform II. Multilateral Reform Summary and Primary Conclusions Bibliography Index