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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 court must balance convenience against the plaintiff's choice of forum. In other words, if the plaintiff's choice of forum was reasonable, the defendant must show a compelling reason to change jurisdiction. If a transfer would simply shift the inconvenience from one party to the other, the plaintiff's choice of forum should not be disturbed.
How choice of law clauses are interpreted may vary by forum. In Delaware, a standard choice of law clause can cover liability arising in either tort or contract in order to avoid uncertainty. [ 19 ] [ 20 ] In New York, the express language of the provision must be “sufficiently broad” as to encompass the entire relationship between the ...
A single-renvoi forum always refers to the other law's choice of law rules. If those rules would send the issue back to the forum court, the forum court will accept the first remission and applies its own laws. As a result, equality of outcome is always achieved if the competing laws operate different systems.
When a case has connection to more than just a single state, the forum state's choice of law principles generally guide the selection of what place's law will apply. Parties to a contract may seek to prevent forum shopping by inserting a forum selection clause or a choice of law clause in their contract. Such clauses are now generally enforced ...
This articles also says that in absence of an explicit choice of law, a protected consumer contract is governed by the law of the consumer's habitual residence. In Art. 6 (II) the involved parties are given the possibility of a free choice of law. But the choice of law is legally void, if the consumer protection is limited by this choice. [2]
Christian L Wilde, "Depecage in the Choice of Tort Law" (1967 to 1968) 41 Southern California Law Review 329; Willis L M Reese, "Dépeçage: A Common Phenomenon in Choice of Law" (1973) 73 Columbia Law Review 58 (No 1, January) Christopher G Stevenson, "Depecage: Embracing Complexity to Solve Choice-of-Law Issues" ( 2003 ) 37 Indiana Law Review 303
Bahasa Melayu; Português; ... This category is for terminology related to Internet forums. Subcategories. This category has the following 2 subcategories, out of 2 ...