Loss distribution issues in multinational torts claims: giving substance to substance

Abstract

This article suggests that a broad interpretation needs to be given to determining what are matters of substance (as opposed to procedure) in private international law. Drawing on recent cases in a range of jurisdictions, the paper argues that this would best complement the purpose for the distinction, as well as choice of law rules. The distinction between right and remedy is arbitrary and should not be countenanced, and opportunities for forum shopping must be minimised.