Choice-of-Law Clauses: Their Effect on Extraterritorial Analysis - A Scholar's Dream, a Practitioner's Nightmare
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Authors
Ingrim, Christopher L.
Issue Date
1995
Volume
28
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|The problem for discussion in this Article is the effect choice-of-law clauses have on extraterritorial analysis. Narrowly, the focus will be on choice-of-law clauses in international agreements. The purpose is to suggest a workable method by which practitioners can advise their clients. The intent of this Article is not to deride or take away from serious scholarly efforts, which are necessary for the advancement of law, but to consider the need for efficiency, predictability, and equity in the global marketplace, which may lack the patience or the ability to wait for academics and lawyers to pontificate over the "right" analysis of concepts, such as "comity" and "interest balancing," in extraterritorial analysis. Today, international contracts by their terms specify the law the parties wish to be applied should a dispute arise. Both the global economy and the parties themselves desperately need an answer whether their choice-of-law clauses will be enforced....
Description
Citation
28 Creighton L. Rev. 663 (1994-1995)
Publisher
Creighton University School of Law