Blog Bite: What does the phrase without regard to conflict of law principles in governing law clauses?

Governing law clauses: “without regard to conflict of law” seeks to explain the purpose of a specific provision in governing law clause “without regard to conflict of law principles”.

The author identifies two reasons for this provision. First, it does not allow a party to try to apply a law other than the express jurisdiction of governing law. Second, it prevents a renvoi which would allow for a court to refer to laws involving foreign jurisdiction in a conflict of law analysis. The author indicates that this is important for ensuring that the intention of the parties are maintained.

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Written by Alina.