"The choice of law clause
is void because it violates Virginia's longstanding public policy against usury and the purpose of Net Credit's contracts with Virginians bears no reasonable relationship with Utah," the suit alleged.
that, pursuant to the choice of law clause
in the charterparty, English
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.
Choice of Law Clause
: Allows the parties to specify which state's laws will be applied when a clispuce arising from or relating to the contract occurs.
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
. What happens when a plaintiff invokes the Trade Practices Act (23) in Australia in a case contractually governed by English law and governed by an English exclusive jurisdiction 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." (177) This statement of the law was derived from Hale v.
In Article 62(2) of the FIFA Statutes (52) a choice of law clause
is then contained, whereby: "The provisions of the CAS Code of Sports-Related Arbitration shall apply to the proceedings.
(7) One such manipulation--found in large numbers of international contracts--is a choice of law clause
, in which the parties stipulate that the law of Britain, or Mexico, or Italy will apply to any disputes arising under the agreement.
They went to court on the basis that the contract was a disguised interest-bearing transaction.<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."<p>At appeal, counsel to the borrowers conceded that there could not be two separate legal systems governing the contract.