renvoi
- noun
- /rɛnˈvwɑ/
- Formal
:
renvoi
- Renvoi is a notorious doctrine of private international law that involves a court applying the choice of law rules of a foreign system of law because a forum choice of law rule provides that the foreign system is the applicable law.
- renvoi could apply
Examples
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The doctrine was famously reinvigorated in Neilson v. Overseas Projects Corporation of Victoria Ltd ('Neilson'), where the High Court recognized the prospect of renvoi for international torts.
Academic text (2018) -
Despite powerful voices to the contrary, (103) there has been some Australian authority to suggest that renvoi could apply to international contracts.
Academic text (2018) -
Whether renvoi ought to apply in other contexts is contentious.
Academic text (2018) -
For private international law enthusiasts, art. 8 is perhaps a lamentable aspect of the Hague Principles because it removes an opportunity to talk about renvoi.
Academic text (2018) -
In doing so, his Honour cited the commercial reasons underpinning choice of law rules, focusing on the proposition that in drafting contracts, parties are unlikely to contemplate that in their choice of law, renvoi might apply and lead to the application of a wholly different system of law again.
Academic text (2018) -
Indeed, in Neilson, Gummow, and Hayne JJ noted that accepting a single theory of renvoi to be applied in every case would fail to account for the clear differences between issues in tort on one hand and other issues, such as contract, which emphasize party autonomy, on the other.
Academic text (2018) -
In international law, the concept of renvoi allows courts to consider foreign laws in resolving disputes.
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The judge explained that renvoi could lead to increased complexity when dealing with cases involving different legal systems.
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Understanding renvoi is essential for legal professionals working in international jurisdictions.
Surface Forms
Etymology
Renvoi comes from French parts re- 'back' and envoyer 'to send', so it literally means 'sending back'. In law, a renvoi is when a court 'sends the question back' to another country's rules or accepts that country's law, which is why the idea of 'sending back' explains this use.
