PROCEDURE

PRIVATE INTERNATIONAL LAW

INTRODUCTION
 THE JURISDICTIONAL distinction between substance
and Procedure is that whereas substance to right and
obligations of the Parties to the disputes, procedure
means employed to determine such rights and
obligation.
 There is no established principle in Private
International Law than the principle that all the
matters of procedure are governed by the lex Fori and
all the substantial matters are governed by the Lex
Causea .
 Matters

Substantive Procedural
( Lex Causae) (Lex Fori)
Characterization of law as
Substantive and procedural
Matters relates with the substantive or
procedural law is also characterizes by the
lex fori.
Substances are governed by the
appropriate foreign Law as directed by the
choice of law rule, while the procedural
matters are governed by the lex fori.
Important Procedural Matters
Actionability

Parties to the Action

Period of Limitation

Evidence and admissibility of evidence

witness

Burden of proof

Presumption
Contd,

Taking evidence for foreign proceedings

Priorities

Set of Counter Claim

Remedies and Damages

Execution
Actionability
 What type of action may be brought on a particular cause
of action is governed by the Lex fori. This can lead the
situation that the case that can be brought he Indian Courts
may or may not be brought to any other legal system

 Case Phrantzes v Argenti ( Greek law Case)

Parties to the Actions
 Two question Arises

 1) who can Sue

 2) who can be sued

( Both are the question of Substance)

But once its is identified by the Substantive law that who have
a right to Sue and who is to be sued …

The question of who should Actually be parties to the suit i.e in

whose name the suit can be filed and against whom the suit can
be filed is matter of procedure.,
Evidence
 Evidence are the matter of procedural law are to be governed
by the principle of lex fori.
 what are the fact of the case is matter of the substance , but
how facts in issue are to be proved is a matter of procedural
matter.
 Admissibility of the Evidence :

It is well established rule that all question relating to

admissibility of evidence are governed by the lex fori If
document is admissible in evidence under law of forum, it will be
admissible, irrespective of fact that they are admissible by proper
law
Witness - Burden of Proof
 Compatibility of witness to the case are considered to be a
matter of Procedural Law therefore governed by the lex
fori.

 Burden of Proof: by lex fori

Presumption
 Generally as it is considered as a procedural matters it is
always governed by the lex fori.
 But in some countries the presumptions are divided in to
the three parts.
 1) Presumption of the facts –matter of procedural law

 2) rebuttable presumption -matter of procedural law

 3) irrebutable Presumption – matter of Substance