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Full-Text Articles in Conflict of Laws
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya J. Monestier
When Forum Selection Clauses Meet Choice Of Law Clauses, Tanya J. Monestier
Journal Articles
Many contracts that contain a forum selection clause also contain a choice of law clause. This raises the issue of whether to apply the parties’ chosen law to questions of forum selection clause interpretation, such as whether the clause is mandatory or permissive and how far the scope of the clause extends. The recent trend has been for courts to apply the law selected by the parties in their choice of law clause to govern these interpretation issues. This Article argues that the law has gone in the wrong direction and that courts should apply forum law to questions of …
Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments, Tanya J. Monestier
Whose Law Of Personal Jurisdiction? The Choice Of Law Problem In The Recognition Of Foreign Judgments, Tanya J. Monestier
Journal Articles
It is black-letter law that in order to recognize and enforce a foreign judgment, the rendering court must have had personal jurisdiction over the defendant. While the principle is clear, it is an open question as to whose law governs the question of personal jurisdiction: that of the rendering court or that of the recognizing court. In other words, is the foreign court’s jurisdiction over the defendant governed by foreign law (the law of F1), domestic law (the law of F2), or some combination thereof? While courts have taken a number of different approaches, it seems that many courts regard …
Conflicts—Statute Of Frauds—Substance Or Procedure, Phyllis J. Hubbard
Conflicts—Statute Of Frauds—Substance Or Procedure, Phyllis J. Hubbard
Buffalo Law Review
Rubin v. Irving Trust Co. et al., __ Misc. __ , 107 N. Y. S. 2d 847 (Sup. Ct. 1951).