Proof of foreign law before Icelandic courts: a change of course?

Abstract

This article looks at the rules on proof of foreign law before Icelandic courts. It provides a detailed discussion on the methods available to ascertain foreign law in civil proceedings, as well as a concise comparison to several relevant jurisdictions. The methods, consisting of party and witness testimony, assessment reports and documents and other visible evidence, are not equally suitable for the intended purpose. As fairly obvious, a party testimony is of little use in this respect. On the contrary, and perhaps less obvious for the international reader, Icelandic law does not allow for expert witness testimony on foreign law, unless the expert has been summoned by court to provide an assessment report on the issue. However, recent judgments show that Icelandic courts have begun giving consideration to unilaterally obtained legal opinions, contrary to accepted practise. This, whether down to inconsistency or a deliberate change of course, represents a more flexible approach then previously acknowledged.