The law of the vessel's flag--in this case the Marshall Islands--should apply absent a valid choice-of-law clause
Dubois Marine Specialties, the court upheld a choice-of-law clause
providing that the parties' agreement was to be "construed and enforced in accordance with the laws of the state of Rhode Island," a clause similar to the present case where "[s]upplies and benefits shall exclusively be governed by German law.
2002) (holding that the choice-of-law clause
in the policy was unenforceable because upholding the clause would have reduced coverage for a discrete group of individuals based solely on their familial relationship to the insured which violated fundamental principles of justice for New Mexico residents and was therefore void.
In answering this question, it may be useful to consider the likelihood that a contract that includes a forum selection clause also includes a choice-of-law clause
That case denied effect to a choice-of-law clause
selecting New York law when the Court found that state's laws regarding arbitrators' powers unappealing.
1988) (addressing the enforceability of a choice-of-law clause
in a maritime drilling contract).
the law designated by the parties in a choice-of-law clause
6) In that case, the franchisee claimed that a Pennsylvania choice-of-law clause
was unconscionable, as enforcement of that clause would effectively "negate" the CFIL, which states that it may not be waived.
49) The choice-of-law clause
was coupled with an arbitration clause, which the court viewed as a device to limit the substantive laws applicable to any consumer claim to those of Delaware and federal law only.
According to that provision, a choice-of-law clause
is invalid if without it, the local forum state's law would apply; if applying the other state's law would violate a "fundamental policy" of the forum state; and if the forum state has a greater interest in the outcome of the case.
The possibility of a choice-of-law clause
is mostly considered as a side-issue, or as one that is problematic.
The choice-of-law clause
should be in writing and appear in the will", it says.