The Lex Fori

Abstract This chapter examines the role of the law of the forum, the lex fori, in and across the subject and explains the pervasive role of English domestic law in the conflict of laws as the primary choice of law rule in several areas in which the application of foreign law might be principled but would, as a practical matter, be just too problematic. The chapter then examines the issue of procedure versus substance, and the extent to which issues which were once procedural ones may now be understood differently. It then investigates the role and reason of the lex fori in refusing to enforce foreign penal, revenue and other public laws, and the various formulations, and effects, of public policy as a reason to disapply or disregard a rule of foreign law otherwise selected for application by the rules of the conflict of laws.