Choice-of-Law Clauses

A choice-of-law clause is a contractual provision that selects a law to govern the contract. These clauses facilitate settlement by identifying the law that will be applied to resolve future disputes, thereby allowing the parties to more accurately assess the strength of potential claims.  They also reduce the costs of litigation by making it unnecessary for a court to conduct a choice-of-law analysis.

A 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.

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Recent Posts

Rewarding Ignorance of the CISG: A Response to John Coyle

In a recent post, Professor John Coyle considers the interpretation of the following choice of law (“COL”) clause in an international contract for sale of goods where both parties are located in Contracting States to the U.N. Convention on Contracts for the International Sale of Goods (CISG): “This Agreement shall be governed by the laws…

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CISG Opt-Outs and Party Intent

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most widely adopted commercial law treaties in the world. It functions as an “international” version of Article 2 of the Uniform Commercial Code (UCC) and, as such, provides the governing law for many cross-border agreements involving the sale…

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The Comparative Value of Choice of Law and Forum Selection Clauses

Choice-of-law clauses and forum selection clauses routinely come before courts hearing transnational cases. A choice-of-law clause selects a law to govern the contract. A forum selection clause chooses a court in which to resolve disputes. These differences notwithstanding, the two clauses are often discussed in the same breath. Leading casebooks on conflict of laws examine…

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