Uruguay: Proof of and Information About Foreign Law in Uruguay

Abstract

This national report covers the following topics: First, the nature of conflict of laws rules and its mandatory application in court proceedings are analysed in light of the statutory rules and conventions that are in force in Uruguay. Second, treatment of foreign law before judicial authorities is addressed, which comprises an analysis of the nature of foreign law, the ascertainment of foreign law, as well as the interpretation and application of foreign law including the case of non-ascertainment of foreign law. Third, the judicial review as to the application of conflicts rules and foreign law is examined. Fourth, treatment of foreign law in other instances is scrutinized as to the administrative authorities and other non-judicial instances including arbitration, mediation and other alternative dispute resolution, as well as in attorneys and other professional’s work. Fifth, the status quo on access to foreign law is analysed in view of information on foreign law available in Uruguay, as well as the mechanism of the international and regional instruments on proof of and information of foreign law in force in Uruguay and the international and regional settings to facilitate access to foreign law. Sixth, further developments in access to foreign law are envisaged by indicating practical needs and addressing conflict of laws solutions and methods of facilitating access to foreign law.