Renvoi in Multinational Cases in New York Courts: Does Its Past Preclude Its Future?

Authors

• Matthew Chait, Benjamin N. Cardozo School of Law

Abstract

The doctrine of renvoi, which requires courts to consider both the internal laws and conflict of laws rules of a foreign jurisdiction, has been a contentious issue in New York courts. While cases like In re Tallmadge rejected renvoi due to concerns of creating an endless cycle, In re Schneider embraced it, emphasizing the need to apply the whole law of the foreign jurisdiction. Modern approaches aim to integrate renvoi into interest analysis, focusing on practical applications to ascertain foreign interests accurately and promote reciprocity, while addressing concerns about sovereignty and forum shopping.

Disciplines

Conflict of Laws | Courts | International Law | Jurisprudence | Law

Recommended Citation

Matthew Chait, Renvoi in Multinational Cases in New York Courts: Does Its Past Preclude Its Future?, 11 Cardozo J. Int'l & Comp. L. 143 (2003).
Available at: https://larc.cardozo.yu.edu/cjicl/vol11/iss1/6