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In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
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.
It will also be relevant to immigration, entitlement to social security and similar benefits, family law, contract, etc. The choice of law rule, the law of the domicile (lex domicilii) if the forum is common law or law of nationality (lex patriae) or habitual residence if the forum is civil law, applies to determine all question of status and ...
Lex causae (Latin for "law of the cause"), in conflict of laws, is the law chosen by the forum court from the relevant legal systems when it judges an international or interjurisdictional case. It refers to the usage of particular local laws as the basis or "cause" for the ruling, which would itself become part of referenced legal canon.
If a forum court is directed to consult a foreign law, the first question it must address is whether this is a reference solely to the relevant substantive provisions or to the state's system of law as a whole, which would include its choice-of-law rules. Forums that do not have renvoi provisions refer only to the specific provisions of ...
An exception in comity exists: The agreement will not be held valid in the forum country if it violates the law of the forum country, or if it violates the law of nature, or if it violates the Law of God; A contract may be deemed valid in lex loci contractus, but if it is a revenue law of that state it will not be enforced in the forum state.
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The Hague choice of court convention, formally the Convention of 30 June 2005 on Choice of Court Agreements, is an international treaty concluded within the Hague Conference on Private International Law. It was concluded in 2005, and entered into force on 1 October 2015.