Characterisation (conflict)

In Conflict of Laws, characterisation is the second stage in the procedure to resolve a lawsuit involving a foreign law element. This process is described in English law as classification and as qualification in French law. In those cases where a different result would be achieved depending on which of several possibly relevant laws is applied, this stage of the process reveals the relevant rule for the choice of law but it is not necessarily a simple process (see the incidental question). The first stage is for the court to determine whether it has jurisdiction, where appropriate confronting the problem of forum shopping.

Related Topics:
Conflict of Laws - Lawsuit - English law - French - Choice of law - Incidental question - Court - Jurisdiction - Forum shopping

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