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

May 17, 2017

This article posted on our partner site 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.

This comes to you as a part of Clausehound’s exciting new collaboration with Mondaq!

Governing Law
Canada (General)

Written by Alina.