Choice-of-Law

Resource nationalism and its impact on infrastructure projects

by Peter Cassidy, Joseph Otoo | Reed Smith on 5/19/2013

Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host states...more

Careful Drafting Can Prevent Dispute Clauses from Being Ignored

by Joseph Kovars | Ober|Kaler on 4/22/2013

Two recent cases highlight the pitfalls facing construction parties -- owners, contractors and subcontractors -- when they use fairly common contract clauses that address how they want disputes decided. In one case, the...more

Court of Appeal Applies Massachusetts Law To Deny Enforcement Of An Employment Arbitration Agreement

by Hartnett, Smith & Paetkau on 4/11/2013

Harris v. Bingham McCutchen LLP California Court of Appeal, Second Appellate District, Case No, B240522, March 29, 2013. The Second Appellate District affirmed the trial court’s determination that (i) a choice of law...more

Employment Contract’s Choice-Of-Law Provision Governs Question of Arbitrability, Court of Appeal Rules

by Michael Newman | Barger & Wolen on 4/8/2013

In Harris v. Bingham McCutchen, the California Court of Appeal, Second Appellate District held that the drafter of an adhesion contract could not avoid the contract’s choice-of-law provision in determining the enforceability...more

March 2013: Class Action Litigation Update: Defeating Nationwide Class Actions: Mind Your Burden or Get Burned.

by Quinn Emanuel Urquhart & Sullivan, LLP on 3/26/2013

Defeating Nationwide Class Actions: Mind Your Burden or Get Burned. Last year, the Ninth Circuit issued a decision that many interpreted as a death-knell for multistate consumer class actions. In Mazza v. American Honda Motor...more

Policyholders Beware: Mandatory Arbitration, Choice of Law and Choice of Venue Provisions May Restrict Insurance Coverage Rights

by Lynda A. Bennett, Ryan Cooper | Lowenstein Sandler LLP on 3/20/2013

What businesses do not know about their insurance policies can hurt them. Increasingly, insurers are requiring arbitration, restricting venues for hearing cases or specifying which laws can be applied, all designed to give...more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Choice of Law

by Patton Boggs LLP on 3/20/2013

An Illinois state court held that a contractual provision for choice of law in arbitration has no bearing on a choice of law determination outside of the arbitration context. In Amerisure Mut. Ins. Co. v. Global Reinsurance...more

Patton Boggs Reinsurance Newsletter - March 2013: A Brief Review of Reinsurance Trends in 2012: Late Notice

by Patton Boggs LLP on 3/19/2013

Although late notice cases are infrequent, 2012 featured some notable decisions, highlighting the implications of choice-of-law and state-law differences on the requirement of a show of prejudice. For instance, in Pacific...more

Passage Of Controversial Law Could Tarnish Florida’s Reputation As International Dispute Resolution Center

by Rafael R. Ribeiro | Bilzin Sumberg Baena Price & Axelrod LLP on 3/18/2013

You may not have heard of the think tank called the American Public Policy Alliance (APPA), or its “American Laws for American Courts” initiative, which “was crafted to protect American citizens’ constitutional rights against...more

Supreme Court Issues Judicial Interpretation to Define Foreign-Related Civil Relationships

by Sheppard Mullin Richter & Hampton LLP on 2/22/2013

The People’s Supreme Court issued a Judicial Interpretation on December 28, 2012, made effective on January 7, 2013, regarding the application of the Law of the People's Republic of China on Application of Laws to...more

Brazilian Noteholder Sues Brazilian Guarantor – What Does New York Law Have To Do With It?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 2/21/2013

At the opening of the Los Angeles aqueduct on November 5, 1913, William Mulholland famously declared “There it is. Take it!” Much the same could be said of Civil Code Section 1646.5. The statute provides that the parties to a...more

Is The State A Silent Partner In Your Contract? Court Strikes Choice Of Law Provision Because Enforcement Would “Frustrate A...

by Donald Taylor, James Tonrey, Jr. | Wilentz, Goldman & Spitzer P.A. on 2/20/2013

“Freedom of contract”, the very fabric of free market competition and the backbone of laissez-faire economics, stands for the proposition that every competent adult has the right to make a legally binding agreement free from...more

Check Your Arbitration Agreements After New Washington Supreme Court Case

by Amanda Beane, Amy Kunkel-Patterson, Cori Gordon Moore, Andrew Moriarty, Carla L. Reyes, Luke Rona | Perkins Coie on 2/20/2013

A recent Washington Supreme Court case, Gandee v. LDL Freedom Enterprises, Inc., No. 87674-6 (Feb. 7, 2013), provides important insights into how Washington courts approach the enforceability of arbitration agreements in the...more

New York Court of Appeals Broadly Upholds Parties’ Freedom to Choose New York Law

by Michael Rowan | Saul Ewing LLP on 2/8/2013

The Court’s decision re-affirmed New York’s strong policy of (1) encouraging domestic and international commercial entities, including those who have little or no contact with New York, to choose New York’s “well-developed...more

Here’s One More Thing You Can Do Legally In Nevada But Not In California

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 2/6/2013

Suppose you are a real estate developer with two buildings and you anticipate that investors in each building will have different investment objectives. If the buildings are placed in a single limited liability company, each...more

New York's Highest Court Affirms Contractual Right to Select New York Law to Govern Transactions Without Nexus to the State

by Marc Antonecchia | Holland & Knight LLP on 2/1/2013

In a case of first impression, the New York Court of Appeals has held that a court need not undertake a conflicts-of-laws analysis when there is an express choice of New York law in a contract pursuant to New York General...more

New York Court of Appeals Holds Upholds Broad Choice of New York Law Provision in Contract Even in Absence of Contacts With New...

by Rena Andoh, John Stigi | Sheppard Mullin Richter & Hampton LLP on 1/31/2013

In IRB-Brasil Resseguros, S.A. v. Inepar Investments, S.A., No. 191, 2012 WL 6571286 (N.Y. Dec. 18, 2012), the Court of Appeals of the State of New York held that a broad choice of law provision in a contract precludes any...more

ERISA: Plan Language Controls Even When an Adhesion Contract and Plan Language is “Not What a Reasonable Employee Would Expect.”

by D. Michael Reilly | Lane Powell PC - ERISA Law on 1/25/2013

Will courts enforce Plan language even when a 24 month limitation is “not what a reasonable employee would expect” to see in a disability plan? YES....more

Patton Boggs Reinsurance Newsletter - December 2012: Illinois State Court Dismisses Cedent’s Post-Arbitration Complaint Seeking...

by Patton Boggs LLP on 1/21/2013

Amerisure Mut. Ins. Co. v. Global Reinsurance Corp. of Am., No. 10 L 012665 (Ill. Cir. Ct. Nov. 7, 2012). An Illinois state court dismissed a cedent’s complaint seeking attorney fees for a reinsurer’s alleged...more

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