Principle Of Renvoi

The principle of renvoi is a principle of private international law (Conflict Of Law) that deals with the determination of the law that should be applied in a particular case involving issues of jurisdiction and choice of law. The principle of renvoi states that when a court is asked to apply the law of another jurisdiction, the court should refer back, or "renvoie," to the law of the jurisdiction whose law is being applied.

The principle of renvoi is most commonly applied in cases involving conflicts of laws, which occur when a legal dispute involves parties from different jurisdictions or when a legal dispute involves issues that are governed by the laws of different jurisdictions. In these cases, the court must determine which law should be applied to the dispute.

There are two main types of renvoi: direct renvoi and indirect renvoi. Direct renvoi occurs when a court is asked to apply the law of another jurisdiction and the law of that jurisdiction refers back to the law of the court's own jurisdiction. Indirect renvoi occurs when a court is asked to apply the law of another jurisdiction and the law of that jurisdiction refers to the law of a third jurisdiction.

One of the most famous case that applied the principle of renvoi is the case of Loucks v. Standard Oil Co. of New York, which was decided by the New York Court of Appeals in 1922. In this case, the court was asked to apply the law of New Jersey to a contract dispute between a New York corporation and a New Jersey corporation. The court applied the law of New Jersey, which referred back to the law of New York. The court held that the law of New York should be applied to the dispute because the contract was made in New York and the parties had intended that the contract be governed by the law of New York.

Another famous case is the case of Phillips Petroleum Co. v. Shutts, which was decided by the United States Supreme Court in 1985. In this case, the court was asked to apply the law of Oklahoma to a class action lawsuit brought by a group of non-resident plaintiffs. The law of Oklahoma referred back to the law of the plaintiff's home state. The court held that the law of the plaintiff's home state should be applied to the dispute because the plaintiffs had a significant connection to their home state and the claims in the lawsuit arose from events that occurred in their home state.

The principle of renvoi has also been applied in international commercial arbitration(ADR). In the case of Renvoi in International Commercial Arbitration(ADR), it is applied to determine which law will be applied to resolve disputes arising out of international commercial transactions. The principle of renvoi is used in this context to avoid any potential conflict of laws between different legal systems.

In conclusion, the principle of renvoi is a complex principle of private international law that deals with the determination of the law that should be applied in a particular case involving issues of jurisdiction and choice of law. The principle of renvoi states that when a court is asked to apply the law of another jurisdiction, the court should refer back, or "renvoie," to the law of the jurisdiction whose law is being applied. This principle is often applied in cases involving conflicts of laws, and it can be a useful tool for resolving disputes between parties from different jurisdictions.

Written By

Navneet Gupta

5th Year Student(2018)

(School Of Law Manav Rachna University)