Enforcement of Maritime Claims


Application of Foreign Law

26.1 The presence of a foreign element of any kind in any dispute raises the possibility that a foreign rule may be used by an English court to resolve that dispute. To decide which of a number of potentially applicable rules applies, English law traditionally adopted what might be labelled an automatic pigeon-hole approach. It groups claims into categories (i.e. it “classifies” a claim) and attaches to these categories choice of law rules. As a safety valve to prevent a domestic explosion through an unacceptable result by this automatic process, it provides for rejection of the rule because of “public policy”. The traditional approach is largely maintained subject to the introduction of flexibility in tort claims.

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