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“Loss Distribution Issues in Multinational Tort Claims: Giving Substance to Substance”

The distinction between substance and procedure is fundamental to private international law. However, in recent years, most Commonwealth courts have made their own statements regarding this dichotomy, and there seems to be no agreement on the demarcation between substance and procedure. Based on a survey of decisions in Australia, England, Canada and South Africa, as well as an analysis of the underlying rationale for the distinction, the author argues in favour of the adoption of a narrow view of procedure in regard to the assessment of damages.

Author
Anthony Gray
Published in
Journal of Private International Law
Year
2008
Volume
4
Pages
279- 309

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