Pleading Foreign Law in NY Courts: Not as Easy as It May Seem

Recent court practice in New York suggests that a litigant should not take lightly a matter of pleading foreign law.

мая 17, 2019 at 01:15 PM

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It is a common knowledge that New York is a center for international businesses and transactions and New York courts are often tasked with adjudicating disputes between litigants from various countries and in accordance with foreign laws. However, as the court practice suggests, there are certain procedural requirements one needs to follow for a New York court to apply the foreign law. Those requirements start with the initial pleadings and cannot be disregarded.

Applicable New York Rules

Rule 3016(e) of the New York Civil Practice Law and Rules (CPLR) requires that a pleading which includes “a cause of action or defense … based upon the law of a foreign country or its political subdivision” shall state “the substance of the foreign law relied upon.” The provision is similar to Rule 44.1 of the Federal Rules of Civil Procedure, which provides, in part, that “[a] party who intends to raise an issue about a foreign country’s law must give notice by a pleading or other writing.”

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