01/06/2023

The practicalities of pleading and proving foreign law in the JIBFL

Andrew Dinsmore has written an article in the latest edition of Butterworths’ Journal of International Banking and Financial Law with Sir Richard Aikens (Brick Court Chambers and former Lord Justice of Appeal) on the practicalities of pleading and proving foreign law in light of FS Cairo (Nile Plaza) LLC v Lady Brownlie [2022] AC 995 (“Brownlie II”), as referred to at paras C1.3(f) and H3.1 of the Commercial Court Guide.

Modern international financial litigation increasingly leads to the pleading and proving of foreign law in the English Court. Two recent examples are the Italian swaps litigation and cryptocurrency disputes. In theory, Brownlie II includes everything one needs to know about pleading and proving foreign law. However, in practice, it is replete with difficulties for litigators. This article provides guidance to ensure that one pleads one’s case in accordance with Brownlie II whilst not exposing one’s clients to unnecessary costs and satellite litigation.

Andrew comments: ‘This was a really interesting project to work on with Sir Richard given my substantial experience pleading and proving foreign law. Doing so often throws up unique practical challenges that are not answered by Brownlie II. I hope that this article will provide practitioners with useful guidance.’

Read the article*.

*The full article is included in its entirety with the publisher’s permission.