This Overview considers issues which may arise in cross-border proceedings in which the court is required to determine the substantive issues by application of a foreign law. For information on determining whether foreign law or the laws of England and Wales apply, see Practice Note: Applicable law—a guide for dispute resolution practitioners.
The applicable law is only one consideration when dealing with a cross border dispute. For insight into the various considerations, see: Cross border considerations—checklist.
Whether a party is should plead foreign law in proceedings before the courts of England and Wales will need to be addressed. A party will need to consider whether it must raise a point of foreign law, when it may choose not to do so and which party is responsible for pleading it. The consequences of not pleading the foreign law will also need to be considered, including the application of English law under the default rule.
There are specific ways in which the foreign law should be pleaded and points to note if seeking to make late amendments. The court may also exercise its power to
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