Entries by John Coyle

“Without Regard to Principles of Conflict of Laws”

/in /by

It is common to see some variation of the phrase “without regard to conflict of laws principles” appear at the end of a choice-of-law clause. Here are some examples: “This Agreement shall be governed by and construed in accordance with the laws of the Republic of China, without regard to its principles concerning conflicts of […]

Using Foreign Choice-of-Law Clauses to Avoid U.S. Law

/in /by

Can private actors utilize choice-of-law clauses selecting the laws of a foreign country to avoid laws enacted by the United States? In this post, I argue that the answer is a qualified yes. I first examine situations where the U.S. laws in question are not mandatory. I then consider scenarios where these laws are mandatory. […]

U.S. Court Issues Worldwide Anti-Enforcement Injunction

/in /by

This post was written by Hannah Buxbaum, the John E. Schiller Chair in Legal Ethics and Professor of Law at the Indiana University Maurer School of Law in the United States. Last month, Judge Edward Davila, a federal judge sitting in the Northern District of California in the United States,

New Article on Public Policy Exception

/in /by

In every private international law system, the forum state reserves the right to reject the application of a foreign rule that deeply offends the forum’s fundamental sense of justice and fairness. In all systems, this “public policy reservation” (ordre public) operates as an exception to the forum’s choice-of-law rules, not its rules on jurisdiction or […]