Constitutional immunity from suit conferred by a foreign state's constitution is substantive for Australian choice of law purposes, meaning it will be applied by an Australian court where the foreign law governs the dispute. The John Pfeiffer substantive/procedural distinction applies to contractual claims as well as tort claims. The unavailability of an alternative forum is a relevant but not dispositive factor under the Voth clearly inappropriate forum test. Best Australia Ltd v Aquagas Marketing Pty can no longer be regarded as authority for the proposition that inability to litigate in a foreign court is decisive against a stay.
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