Choice of Law in the United States
Choice of Law and Constitutional Rights
According to theEncyclopedia of the American Constitution, “in the system of American federalism, some transactions and phenomena are governed by supreme federal law and others by state law. In the latter situations, multistate transactions frequently raise the question which state’s law is to be applied. (…)
“Choice of law” (also called conflict of laws or conflicts law) is a body of legal doctrine that seeks to provide a basis for choosing a substantive rule (for example, in tort or contract law) over the conflicting rule of another place.”
Public Meeting on Jurisdiction and the Recognition and Enforcement of Judgments and Choice of Law in International Commercial Contracts
A public meeting was held, under the auspices of the State Department’s Advisory Committee on Private International Law, on April 3, 2012, at the Department of State, Harry S Truman Building, Washington DC. The meeting was chaired by Legal Adviser Harold Koh and, in his absence, by Assistant Legal Adviser for Private International Law Keith Loken.
The public meeting was convened to discuss two topics on the agenda for the April 17-20 General Affairs and Policy Council of the Hague Conference on Private International Law: (1) jurisdiction and the recognition and enforcement of judgments, and (2) choice of law in international commercial contracts.
The Hague Conference is considering whether to resume the broader judgments project that proved unsuccessful a decade ago, leading to the more limited but still valuable Convention on Choice of Court Agreements. A meeting in The Hague of a small group of experts was scheduled in advance of the Council meeting to consider the desirability and feasibility of relaunching the broader project. Participants at the public meeting expressed general support for resumption of the project, but were cautious in light of past experience. Some participants noted developments in the law since 2001 that might improve the prospects for success this time. There was discussion of what form a convention might take, and several participants cautioned against seeking to negotiate again a “double convention” including both the recognition and enforcement of judgments and bases of jurisdiction.
Also for consideration by the Council are draft principles on choice of law in international commercial contracts that have been developed by a working group of legal experts. The principles are intended to be non-binding. Concerns were expressed about the purpose of the principles and how they would be used. Regarding the content of the principles, questions were raised about, e.g., their scope of application (what areas are covered or excluded); the extent of party autonomy in choosing law without any connection to the parties or the transaction; and reliance upon rules of law as well as national law. There was general support for having the Council refer the draft principles to a Special Commission of the Hague Conference for review.
Public Meeting on Choice of Law in International Contracts
A public meeting of the Study Group on Choice of Law in International Contracts was held under the auspices of the Advisory Committee on Private International Law on October 19, 2012 at the State Department, Office of Private International Law, South Building, 23rd and C Streets, N.W., Washington, DC.
The meeting was convened to discuss the draft Hague Principles on the Choice of Law in International Contracts in anticipation of a Special Commission of the Hague Conference on Private International Law scheduled to take place in the Hague, November 12-16. A working group of international experts from various countries was established by the Hague Conference to develop draft non-binding principles relevant to the choice of law in international commercial contracts. It is expected that if the Special Commission endorses the principles, the working group will be requested to prepare a detailed commentary to accompany the principles. Ultimately, the Conference would approve both the principles and commentary.
The Study Group reviewed the consolidated version of the preparatory work and draft principles prepared for the Special Commission by the Hague Conference Permanent Bureau (Prel. Doc. No. 1). The discussion initially focused on the purpose of the principles and how they would be used. Several participants concurred with the assumption underlying the Hague project that promoting global acceptance of party autonomy in international contracts was a genuine need of actors in international trade. Regarding the content of the principles, questions were raised about, e.g., their scope of application; the extent of party autonomy in choosing law without any connection to the parties or the transaction; and the importance of reliance upon rules of law as well as national law. There was general support for the draft principles from participants in the Study Group.
Choice of Law in the Context of International Disputes
Choice of Law in International Civil Litigation
Analysis of the Choice of Law in relation with the Service of U.S. Process on Foreign Persons.
Choice of Law in the Context of International Disputes
Choice of Law is a popular issue in the topic of international civil disputes in the United States.
Choice of law problems
Find more information on Choice of law problems in relation to the Jurisdiction in Cross-Border Antitrust Disputes in the legal Encyclopedias.
Choice of law and the International Trade Law
Choice of Law (Application)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Application is provided. Finally, the subject of Bank Collections in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Application)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Application is provided. Finally, the subject of Bank Deposits in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Application)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Application is provided. Finally, the subject of General Provisions in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Causes of Action)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Causes of Action is provided. Finally, the subject of Franchises in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Causes of Action)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Causes of Action is provided. Finally, the subject of Distributorships in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Construction)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Construction is provided. Finally, the subject of General Provisions in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Construction)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Construction is provided. Finally, the subject of Bank Collections in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Construction)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Construction is provided. Finally, the subject of Bank Deposits in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Federal, State Interrelationships)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Federal, State Interrelationships is provided. Finally, the subject of Civil Procedure in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Investment Securities)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Investment Securities is provided. Finally, the subject of Commercial Law in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Perfection)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Perfection is provided. Finally, the subject of Secured Transactions in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Practice)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Practice is provided. Finally, the subject of Admiralty Law in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Procedure)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Procedure is provided. Finally, the subject of Admiralty Law in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Choice of Law (Subject Matter)
This section introduces, discusses and describes the basics of choice of law. Then, cross references and a brief overview about Subject Matter is provided. Finally, the subject of Sales in relation with choice of law is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.
Resources
See Also
- Convention on the Taking of Evidence Abroad
- Taking of Evidence Abroad
- Obtaining Evidence Abroad in Criminal Cases
- Conflict of Laws
- Service of Process
Further Reading
- Choice of law entry in the Dictionary of International Trade Law (Raj Bhala)
- Choice of law entry in the Gale Encyclopedia of U.S. Economic History (Thomas Carson; Mary Bonk)
- Choice of law entry in the Dictionary of International Trade
- Choice of law entry in the Dictionary of International Trade: Handbook of the Global Trade Community (Edward G. Hinkelman)
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