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

Gray, Anthony (2008) Loss distribution issues in multinational torts claims: giving substance to substance. Journal of Private International Law, 4 (2). pp. 279-309. ISSN 1744-1048

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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.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Copyright... remains the property of the contributor. Permanent restricted access to published version due to publisher copyright policy.
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 18 Aug 2008 03:58
Last Modified: 16 Feb 2015 03:17
Uncontrolled Keywords: substance; procedure; private international law; forum shopping
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180126 Tort Law
18 Law and Legal Studies > 1801 Law > 180107 Conflict of Laws (Private International Law)
Socio-Economic Objective: E Expanding Knowledge > 97 Expanding Knowledge > 970118 Expanding Knowledge in Law and Legal Studies
URI: http://eprints.usq.edu.au/id/eprint/4310

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