Lex fori

law of the forum

Lex fori is the law of the court before which the case is pending and applies in particular to procedural rules in cross-border disputes.

Lex fori refers to the national law of the state in which the court seized of the matter is situated. In private international law, this law applies primarily to procedural matters such as jurisdiction, evidence and enforcement.

The term stands in contrast to lex causae, which governs questions of substantive law. The choice of lex fori promotes predictability and efficiency, since the court is familiar with and applies its own law.

In practice, a Dutch court in international proceedings will frequently determine the procedure in accordance with Dutch lex fori, even where the substantive law of another country applies.

“The advocate argued that the lex fori of the Netherlands applied to the procedural acts in this cross-border proceeding.”

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