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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.
In Pacific Employers Insurance Co. v. Industrial Accident Commission, 306 U.S. 493 (1939), the court held that there was no violation of the Full Faith and Credit Clause where the state of California applied its own law to a case in which a Massachusetts employee of a Massachusetts corporation sued his employer for an injury received in ...
Conflict of laws and private international law; Preliminaries; Characterisation; Incidental question; Renvoi; Choice of law; Conflict of laws in the United States; Public policy doctrine; Hague Conference; Definitional elements; Jurisdiction; Procedure; Forum non conveniens; Lex causae; Lex fori; Forum shopping; Lis alibi pendens; Connecting ...
The term private international law comes from the private law/public law dichotomy in civil law systems. [ 13 ] [ 14 ] In this form of legal system, the term private international law does not imply an agreed upon international legal corpus , but rather refers to those portions of domestic private law that apply to international issues.
Even where a conflict of laws exists, the court will recognize the validity of a foreign judgment in most cases. Under U.S. law, this authority is part of the Full Faith and Credit Clause of the U.S. Constitution. Under international law, this authority is part of the doctrine of comity. The court will invoke comity by its discretion and will ...
In contract law, a choice of law clause or proper law clause [1] is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction. [2] It determines the controlling law: the state which will be relied upon in settling disputes. An example ...
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International Conflict of Laws: Common, Civil, and Maritime. International Shipping Publications. 1994. Page 237. See also passim. Google; Lectures on the Conflict of Laws and International Contracts. University of Michigan Law School. 1951. Passim. Google; Petar Sarcevic (ed). International Contracts and Conflicts of Laws: A Collection of Essays.
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