renvoi

French · ron-VWAH · International law

Meaning. In private international law, the forum's reference to a foreign law that includes that law's own conflict rules.

French for “sending back”. When the forum's conflict rule points to a foreign legal system, the question is whether it means that system's internal law only, or its whole law including its conflict rules. If the foreign conflict rule refers the matter back to the forum (remission) or on to a third country (transmission), renvoi arises.

Single renvoi accepts one reference back and applies the forum's internal law. Double renvoi, or the foreign court theory, used by English courts in Re Annesley (1926) and Re Ross (1930), makes the forum decide as the foreign court would decide. Renvoi is mostly used in succession and status; it is excluded in contract. Indian law has very little authority on it, and Indian courts generally follow English principles.

Example

Applying double renvoi, the English court decided the succession as a French court would, and the French court would have applied English internal law.

In Indian law

Re Annesley (English High Court, 1926)
Re Ross (English High Court, 1930)

renvoi

Example

In Indian law

See also