Peter Hay

The United States: The Use and Determination of Foreign Law in Civil Litigation in the United States

In the United States, federal and state courts do not consider the possible applicability of foreign law ex officio: unless a party raises the applicability of foreign law and proves its content, forum law applies. This article details the statutory and case law as well as the evolution to a solution that retains the initial burden on the parties but provides for cooperation between court and parties for the determination of the content of the foreign law and makes the court’s decision thereon appealable. Tables contain references to the law of each of the states of the United States.