Renvoi Flashcards
1
Q
Three types of renvoi
A
Accepting, Rejecting, Total Renvoi
2
Q
What is the connecting factor in England and what Renvoi do they adopt?
A
Lex Domicile and Total Renvoi
3
Q
What areas of law does renvoi not apply to?
A
Ctts and Torts
4
Q
Why Rnv?
A
To prevent forum shopping and the same law is applied to achieve the same outcome regardless of where the case was dealt with.
5
Q
Adv of Rnv
A
- Protects reasonable expectations of the parties - Anton
- Uniformity in resolving disputes
- Prevent forum shopping by litigants
- Prevent occurance of undesirable results; Collier v Rivaz but was disapproved in Bremer v Freeman
6
Q
Disads of Renvoi
A
- May negate the CL rules developed in England.
- Practical difficulty in knowing what renvoi is
- May cause uncertainty and unpredictability
- Where both countries create a renvoi, there will be a deadlock
(here, acc to Nielson v Overseas Project, domestic law of the forum will be used)
7
Q
Recent cases to use Renvoi
A
BlueskyOne and Iran
