Blue Sky One Ltd and others v Mahan Air and another, PK Airfinance US Inc v Blue Sky Two Ltd and others [2010] EWHC 631 (Comm), [2010] All ER (D) 02 (Jun)
The doctrine of renvoi did not apply to the transfer of title to tangible moveables as a class. To leave the applicability to a case by case analysis depending on the circumstances would lead to an uncertain regime and such uncertainty was particularly undesirable in a commercial context.
The doctrine was difficult to apply because it made everything turn on the doubtful and conflicting evidence of foreign experts about the private international rules of the foreign system under consideration. Where there was insufficient or unsatisfactory evidence as to the position under a foreign applicable law, the court might have to rely on the presumption that the applicable law and the law of the forum were the same.
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