In addition, there are specific matters where a UAE court will not uphold a foreign
choice of law clause, such as, real property contracts entered into or performed in the UAE and employment matters.
Drafting a good and effective
choice of law clause must take into account all of these considerations as well as the nature of the transaction and intersections with the domains of certain Iraqi laws.
Nor is there any indication that the written offer Delta made and Pi accepted contained a
choice of law clause or a choice of forum clause.
Finally, assume the pre-marital contract contains a
choice of law clause requiring the selected Religious authorities to determine the rights and obligations of the parties pursuant to a specified school of Sharia law.
First, in the area of jurisdiction agreements, there is a large unresolved issue where there is a foreign jurisdiction agreement coupled with a foreign
choice of law clause.
In 1998, the Fifth Circuit declared in Stoot that "under admiralty law, where the parties have included a
choice of law clause, that state's law will govern unless the state has no substantial relationship to the parties or the transaction or the state's law conflicts with the fundamental purposes of maritime law.
In Article 62(2) of the FIFA Statutes (52) a
choice of law clause is then contained, whereby:
A
choice of law clause is effective subject to the overriding application of the mandatory laws of the country where, or from where, the employee carries out her tasks.
They are doing so because the litigants have a
choice of law clause and governing U.
lt;p>The
choice of law clause in the contract stated that, "Subject to the principles of the Glorious Sharia'a, this Agreement shall be governed by and construed in accordance with the law of England.
Plaintiff urges that the inclusion of the
choice of law clause in NDA -1 'preemptively waives any potential challenges to Virginia's jurisdiction.
claims, such as fraud, may not fall within the
choice of law clause,
