Throwback Thursday: Choice-of-Law Clauses Through the Lens of Contract
The academic literature on choice-of-law clauses may be usefully sorted into three boxes. Articles in the first box seek to ascertain when, exactly, the courts will enforce these clauses. This body of literature looks to case decisions, treatises, statutes, and works such as the Restatement (Second) of Conflict of Laws in an attempt to determine…
Continue ReadingAn Insightful Post on a Recent Case
Ted Folkman has a post over at Letters Blogatory discussing a case – CDM Smith v. Atasi – decided by the Federal District Court for the District of of Massachusetts in March 2022. The court first considers whether a judgment rendered by the labor courts of Saudi Arabia is enforceable in Massachusetts. It then goes…
Continue ReadingWhy Transnational Litigation?
The justiciability of Holocaust expropriation claims; treaty interpretation in international custody disputes; the adequacy of pleading the enslavement of children; accessing U.S. discovery for international arbitration; the availability of punitive damages for international terrorism; the immunity of international organizations before U.S. courts; how to serve process on a foreign state: The U.S. Supreme Court has…
Continue ReadingA Primer on Choice-of-Law Clauses
A choice-of-law clause is a contract provision that selects the law to govern the contract and claims relating to the contract.
Continue ReadingA Primer on Forum Selection Clauses
A forum selection clause is a contractual provision that selects a specific court to resolve disputes. When suit is filed in a court that is not the chosen forum, the clause may provide a basis for dismissal or transfer. When suit is filed in the chosen forum, the clause may provide a basis for the…
Continue ReadingA Primer on Foreign Judgments
[Updated August 22, 2025] In the United States, the recognition and enforcement of foreign-country judgments is generally governed by state law. Nevertheless, the law on foreign judgments is fairly uniform throughout the United States because most states have adopted one of two Uniform Acts. These Acts establish a presumption that final, conclusive, and enforceable foreign…
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