governed by the lex fori
? These latter questions fall into the classic
and Singapore, courts have held that the lex fori
The same is true where the governing law is selected by the parties or where the custom or course of practice is applied to contractual disputes by a court or an arbitral tribunal, instead of lex fori
or lex arbitri (i.e.
22 of 7th July 1970: "in the international agreements under the Romanian private international law, applicable as lex fori
, the parties have the ability to establish the law that shall govern their contractual foreign trade relationships"; the arbitration decision no.
In two such cases, priority was given to the common-law over Islamic law, as an effect of the lex fori
Even though the "enlightened lex fori
" (law of the forum) approach to characterization is theoretically sound, it may be difficult to put into practice.
If they fail to agree, the regulation establishes a sequence: legislation of their state of residence; failing that, the law of the last country of residence, or the law of the country of origin of one of the spouses, or the lex fori
, that of the state where the matter has been brought before the courts.
A dificuldade em estabelecer qual lei devera ser aplicada nos procedimentos transnacionais de cooperacao juridica e possivel de ser superada atraves da compreensao dos conceitos de lex fori
e lex diligentiae:
The traditional conflict of laws rule that led each national court to apply its own domestic procedural rules as the lex fori
, even when the dispute had a transnational character, was causing problems.
John Westlake, for example, suggested that the solution should be found by reference to the local law under which the tort was committed and cited a dictum repudiating the lex fori
(the law of the jurisdiction where the action was brought) as inapplicable.
"The practice, although apparently merely reflexive, of applying the law of the jurisdiction in which the suit is pending (lex fori
) is unsatisfactory.
Matters of Equity should not be governed by the lex fori
and should attract a choice of law rule reflecting the relevant issue, particularly in matters of restitution (at 59).