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.
Continue ReadingSafari Choice-of-Law Clauses
In June 2026, I went on a safari in Tanzania with my family. We went on a hot air balloon ride over the Serengeti, visited a Masai village, and saw all of the Big Five. Before we embarked on these adventures, we were asked to sign an Assumption of Risk, Waiver of Liability, and Indemnification…
Continue ReadingSovereign Immunity and Choice-of-Law Clauses
On its face, a choice-of-law clause selecting the laws of the United States (or a state within the United States) may seem irrelevant to whether a foreign nation has waived its sovereign immunity in U.S. courts. Over the years, however, a number of U.S. courts have held that a choice-of-law clause may, in fact, function as an implied…
Continue ReadingThe Many Uses of the Choice-of-Law Clause
In prior posts, I have written about the things that a forum selection clause can and cannot do. In this post, I do the same for choice-of-law clauses. Among other things, a choice-of-law clause may be invoked to: Select a law to govern the contract and claims related to the contract; Provide support for the…
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