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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 Conflict of Laws. Fourth Edition. Oxford University Press. 2011. Chapter 4. Page 203 et seq. J H C Morris. "Contracts" The Conflict of Laws. Second Edition. Stevens and Sons. 1980. Chapter 13. Page 209 et seq. Dicey. "Contracts: General Rules" and "Particular Contracts". A Digest of the Law of England with Reference to the Conflict of Laws ...
The first type are vertical conflicts resolved by federal preemption pursuant to the Supremacy Clause (and is therefore analyzed as an issue of constitutional law), meaning that conflict of laws in the United States focuses on the latter three types. [1]
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. [1]
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 Canada, whether the term "submit" or "attorn" is used may determine whether the choice of law clause is enforced. In Naccarato v Brio Beverages Inc. a Court of Queen's Bench in Alberta found that the term "submit" indicated that the clause was permissive, giving the Court concurrent jurisdiction to hear the matter. [9]
In the United States most courts try to solve conflict of laws questions without invoking renvoi. In Re Schneider's Estate , 96 N.Y.S.2d 652 (1950), is an example where renvoi is recognized as an option, in which the local court chose to apply the foreign country's laws to decide the dispute in the local court.
J H C Morris. "False conflicts, dépeçage and foreign law as datum". The Conflict of Laws. Third Edition. Stevens and Sons. London. 1984. ISBN 0-420-46890-0, p 526 at pp 528 to 530. David J Levy (ed). "Depecage - Applying the Law of Different States to Separate Issues". International Litigation. American Bar Association. 2003. Section 7.4.6. p ...