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Under what circumstances can the governing law written into an agreement be superceded?

CHOICE OF FORUM/GOVERNING LAW CLAUSE WILL PREVAIL UNLESS "STRONG CAUSE" SHOWN Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd. 2012 SCC 9 The Supreme Court of Ca...

Under what circumstances can the choice of forum written into an agreement be superseded?

A FORUM SELECTION CLAUSE IN A COMMERCIAL CONTRACT SHOULD BE GIVEN EFFECT UNLESS PARTY CAN SHOWS STRONG CAUSE THAT THE CASE IS EXCEPTIONAL. Expedition Helicopters Inc. v. Honeywell Inc. 2010 ONCA 35...

In the absence of a governing law clause, what constitutes a “substantial connection” when deciding what law will govern a contract?

SUBSTANTIAL CONNECTION TEST APPLIES IF CONTRACT DOES NOT CONTAIN A GOVERNING LAW CLAUSE Lilydale Cooperative Limited v. Meyn Canada Inc. 2015 ONCA 281 (CanLII) The Ontario Court of Appeal applie...

Does a governing law clause have any bearing in decisions about extracontractual matters?

GOVERNING LAW CLAUSE IN MARITIME SUPPLY CONTRACT USED TO DETERMINE GOVERNING LAW JPMorgan Chase Bank v. Lanner (The) [2009] 4 FCR 109, 2008 FCA 399 (CanLII) The Federal Court of Appeal used the ...

In the absence of a governing law clause, what should be taken into consideration when deciding what law will govern a contract?

GOVERNING LAW DEPENDS ON 'REAL CONNECTION' TO JURISDICTION IF THE CONTRACT DOES NOT CONTAIN A CHOICE OF LAW CLAUSE New Holland (Canada) Credit Company v. MacPherson 2003 CanLII 23201 (ON SC) In ...

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

This article posted on our partner site Mondaq.com seeks to explain the purpose of a specific provision in governing law clause "without regard to conflict of law principles". The author identifies ...

Blog Bite: What are the most common mistakes in privacy policies, and how can they be corrected?

This article posted on our partner site Mondaq.com explains some of the most common errors found in privacy policies. First, the author explains that many companies fail to tailor their privacy poli...

IOC Not “Russian” to Enforce Full Olympic Ban

  Despite widespread state-supported doping among Russian athletes at the 2014 Sochi Olympics, the International Olympic Committee (IOC) declined to give a blanket ban on Russia’s ...

Blog Bite: What are the reasons that Australia’s Consumer Law trumps the choice of law clause?

This article posted on our partner site Mondaq.com discusses this recent Federal Court of Australia decision in which an American refund policy violated Australian consumer legislation. The court fo...

Blog Bite: What laws will govern an agreement when the parties are from different provinces?

This article posted on our partner site Mondaq.com discusses how parties who are from different provinces can decide together upon what governing law their contract shall preside under. If such a cl...

Blog Bite: Can parties in India agree to settle disputes using foreign law?

This article posted on our partner site Mondaq.com uses case law to illustrate that the Courts in India have not offered consistently decided whether parties can rely on foreign law to settle disput...

Seek Forum for Arbitration with Best Prospect of Achieving and Enforcing Successful Contract

While international arbitration seeks to aid in the legal predictability and stability of international contracts by providing for the neutral, impartial, centralized and enforceable resolution of dis...

Blog Bite: Will Alabama enforce choice of law provisions?

This article posted on our partner site Mondaq.com discusses the impact of the ratified Amendment 884 to the Alabama Constitution. The author states that with this amendment, Courts will not enforce...

Blog Bite: Should parties privy to construction contracts rest assured that their governing law clauses will be enforced by US courts?

This article posted on our partner site Mondaq.com discusses forum-selection and choice-of-law clauses in construction contracts. The author notes that despite recent US Supreme Court decisions that...

Blog Bite: What considerations must be given to governing law and dispute resolution for software licensing agreements?

This article posted on our partner site Mondaq.com highlights some considerations for software licensees and licensors vis-a-vis governing law and dispute resolution. Chiefly, it suggests that parti...

Blog Bite: How can a choice of law and venue clause to tailored to a party’s desire?

This article posted on our partner site Mondaq.com discusses the importance of a choice of law and venue clause and why they are beneficial for a contracting party. They state that one's laws may be...

Blog Bite: Should international contracts clearly identify the governing law for potential disputes?

This article posted on our partner site Mondaq.com advises businesses to ensure that governing law clauses are drafted so as to clearly identify what law will govern claims arising from disputes bet...

Blog Bite: Where is the best jurisdiction for choice of law?

This article posted on our partner site Mondaq.com uses case law to illustrate that a parties home jurisdiction may not always be the best jurisdiction for choice of law. The author states that cont...

Blog Bite: What are some things to keep in mind when drafting a governing law clause?

This article posted on our partner site Mondaq.com looks at the purpose of the governing law clause and considerations parties should make, like having a real and substantial connection to the locat...

Blog Bite: When will Norwegian Law prevail over choice of law clauses?

This article posted on our partner site Mondaq.com states that Norwegian procedural rules, and some overriding mandatory rules will be followed whenever a hearing takes place in Norway. This comes t...

Blog Bite: What are the clauses of a contract that can have an impact on dispute resolution?

This article posted on our partner site Mondaq.com discusses governing law clauses, jurisdiction clauses and litigation/mediation clauses. The author introduces the clause and explains how they can ...

Blog Bite: What part do the courts play in determining the governing law of a contract, if at all?

This article posted on our partner site Mondaq.com discusses how the courts favor leaving the decision of governing law up to the parties. Limits arise only if the contract is illegal (which can in ...
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