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| Conflict of laws and private international law |
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| Preliminaries |
| Definitional elements |
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| Substantive legal areas |
| Enforcement |
In contract law, a choice of law clause or proper law clause[1] is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction.[2] An example is "This Agreement shall be governed by, and construed in accordance with, the law of the State of New York."[3]
A choice of law clause may be combined with a forum selection clause. The combined clause would include the choice of law that is to govern any dispute arising under the agreement and the choice of forum where disputes will be heard.[4] Once implemented, a choice of law clause will generally be upheld by courts, as long as it is bona fide, legal, and not contrary to public policy.[5]
- ^ Sinclair, Anthony C. (December 2004). "The Origins of the Umbrella Clause in the International Law of Investment Protection". Arbitration International. 20 (4): 411–434. doi:10.1093/arbitration/20.4.411.
- ^ "choice of law clause", Webster's New World Law Dictionary, Hoboken, New Jersey: Wiley Publishing, Inc., 2006
- ^ West, Glenn (2017-09-18). "Making Sure Your "Choice-of-Law" Clause Chooses All of the Laws of the Chosen Jurisdiction". The Harvard Law School Forum on Corporate Governance. Retrieved 2021-02-18.
- ^ "Governing Law and Choice of Forum Clauses Explained | LexisNexis Canada". www.lexisnexis.ca. Retrieved 2021-02-18.
- ^ "Governing Law and Choice of Forum Clauses Explained | LexisNexis Canada". www.lexisnexis.ca. Retrieved 2021-02-18.