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Topic: Choice of law clause

	Vimar Seguros y Reaseguros, S. A. v. M/V Sky Reefer, 515 U.S. 528 (1995).
		Petitioner and Bacchus opposed the motion, arguing the arbitration clause was unenforceable under the FAA both because it was a contract of adhesion and because it violated COGSA §3(8).
		In the 19th century it was a prevalent practice for common carriers to insert clauses in bills of lading exempting themselves from liability for damage or loss, limiting the period in which plaintiffs had to present their notice of claim or bring suit, and capping any damages awards per package.
		It would be unwieldy and unsupported by the terms or policy of the statute to require courts to proceed case by case to tally the costs and burdens to particular plaintiffs in light of their means, the size of their claims, and the relative burden on the carrier.
	supct.law.cornell.edu /supct/html/94-623.ZO.html (3071 words)

	ILJ v71no2, Shreve (Site not responding. Last check: 2007-11-06)
		Empirical studies suggest a high incidence of chosen law favoring the home-state litigant, especially when that litigant is the plaintiff.<38>; It may be impossible to confirm beyond question that local bias is widespread in choice of law.
		Their power and obligation to make conflicts law exists by default.<62>; However, state judges appear likely for the foreseeable future to be the only lawmakers regularly on the scene, hence the only realistic source of nonconstitutional reform in choice of law.
		The relation of federal to state substantive law is the most important example.<74>; Or a group of coequal sovereigns may all adopt the same substantive rule as their local law.<75>; The other substantive approach, necessary when coequal sovereigns have conflicting laws, is to authorize substantive preference within the choice-of-law scheme.
	www.law.indiana.edu /ilj/v71/no2/shreve.html (14998 words)

	Drafting an Arbitration Clause - A Checklist (Site not responding. Last check: 2007-11-06)
		Often, one sees clauses as simple as "The parties agree to submit any disputes arising from this agreement to final and binding arbitration under the _____ Rules of the American Arbitration Association." A simple one-sentence arbitration agreement is fine, if that is what the parties really want.
		Unless the arbitration agreement clearly indicates that the arbitrator's judgment on the law of the jurisdiction shall be final and binding, such a clause invites a losing party to go to court to set aside the award on the grounds that the arbitrator has misapplied the law.
		A well-drafted clause may also identify the jurisdictions whose law is to apply to the contract.
	www.hg.org /adradd1.html (1593 words)

	Learn more about Private international law in the online encyclopedia. (Site not responding. Last check: 2007-11-06)
		Many contracts include a choice of law clause that determines what law should apply and even a clause which determines the venue of any such dispute.
		When the court must consider the foreign law it must be proved by foreign law experts and cannot merely be pleaded as the court has no expertise in the laws of foreign countries or how they might be applied in a foreign court.
		Such foreign law is technically considered to be evidence, rather than law, for the purposes of the determination of venue.
	www.onlineencyclopedia.org /p/pr/private_international_law.html (338 words)

	Choice of Law in the American Courts in 2000 (Site not responding. Last check: 2007-11-06)
		Under the law of Minnesota, where the tort occurred, the victim's parents would be entitled to share in the proceeds, whereas under the law of Wisconsin, where the victim and all beneficiaries lived, the proceeds would go to the victim's spouse and children.
		The court concluded that the laws of the two states on this issue were substantive rather than procedural and resolved the conflict by applying the law of New York law under which the recording was admissible evidence.
		The dissenting judge thought that the laws of the two states differed, that the resulting conflict should be resolved under the law of the forum, and that under that law the privilege had been waived.
	www.willamette.edu /wucl/wlo/conflicts/00survey/00survey.htm (10593 words)

	California's Approach to Choice of Law in the Absence of an Effective Choice by the Parties.
		The rights and duties of the parties with respect to an issue in contract are determined by the local law of the state which, with respect to that issue, has the most significant relationship to the transaction and the parties under the principles stated in § 6.
		The general rule calls for the application of the local law of the state where the contract requires that the services, or a major portion of the services, be rendered.
		In the absence of a choice of law by the parties to a contract, the law of the state with the "most significant relationship" to the particular transaction will by applied.
	www.nvinc.com /california_approach.htm (2557 words)

	Jewish Law - Articles ("Bankruptcy - A Viable Halachic Option?") (Site not responding. Last check: 2007-11-06)
		The principle dina d'malchusa dina (the law of the land is the law) provides that the law of the secular state is halachically binding.
		But even where the choice of law clause specifies the law of a different country, or the law of a state, by using such a clause, the parties seem at least to demonstrate that they intend secular law, not halacha, to apply.
		Central to the apparent debate among the various authorities cited, is a failure to identify the purposes of bankruptcy law and to explain why these polices are, or are not, for the benefit of the people of the land.
	www.jlaw.com /Articles/bankruptcy.html (14347 words)

	KinsellaLaw
		In addition, the law degree is usually a Juris Doctor (J.D.), yet many lawyers insist on calling it a a "Juris Doctorate", I suppose out of ignorance or to make it sound more impressive.
		Useful law news feeds that one can subscribe to (with a good news aggregator such as SharpReader) include Law.com and LLRX; see also this guide, RSS News Feeds for Law.
		An expletive-laden voice-mail message, reproduced on blog KinsellaLaw.com, left by an associate at one law firm for a colleague at another is making the rounds in cyberspace, with young lawyers seizing on the message as a symbol of declining civility within the profession.
	www.kinsellalaw.com (7938 words)

	Recent Faculty Scholarship (Site not responding. Last check: 2007-11-06)
		Special Editor, The Administrative Law of the European Union, 68 Law and Contemporary Problems (Winter 2004), originally published as, Il Procedimento amministrativo nel diritto europeo, Rivista trimestrale di diritto pubblico, Quaderno n.
		SEC Enforcement Heuristics: An Empirical Inquiry, 53 Duke Law Journal 737-780 (2004) (with Randall Thomas and Dana Kiku).
		Deliberation with a Deadline: The Influenza Vaccine Composition Decision, draft 10 November 2004 (with Laura Kornish and Ralph Keeney).
	www.law.duke.edu /fac/facpub.html (8101 words)

	Proposed Law Helping Doftware Producers May Injure Writers- SFWA News Site
		Our lives are controlled by laws, but we often do not realize the danger of proposed statutes until after they are passed.
		The institute is an organization of lawyers, judges, and academics that attempts to simplify and clarify the law.
		In traditional contract law, the sale is bound by the agreement between the salesman and the buyer, and shrink-wrap contracts would be considered a proposed amendment and invalid unless explicitly agreed to by the buyer.
	www.sfwa.org /News/software.htm (3789 words)

	Daily Law Updates about Franchising, Arbitration and More (Site not responding. Last check: 2007-11-06)
		Providing daily law updates about Arbitration, Franchising, Personal Injury, Distributorships, Intellectual Property, Commercial Disputes, Appellate Practice, the Internet, Distribution Systems, Consumer Protection, Information Systems, Engineering, Construction Contracts and Trial Practice.
		2002) {law of the case, voidable preferences, automatic stay, bankruptcy, adversary complaints, jury trials}
		2001) (2001 WL 704423) {federal removal, franchise statutes, choice of law clause, choice of forum clause, venue}
	www.dmduree.net /cases.htm (1734 words)

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