In
Conflict of Laws, characterisation is the second stage in the procedure to resolve a
lawsuit involving a foreign law element. This process is described in
English law as classification and as qualification in
French law. In those cases where a different result would be achieved depending on which of several possibly relevant laws is applied, this stage of the process reveals the relevant rule for the
choice of law but it is not necessarily a simple process (see the
incidental question). The first stage is for the
court to determine whether it has
jurisdiction, where appropriate confronting the problem of
forum shopping.
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