Clarification On NY Choice-Of-Law Provisions

Law360, New York (February 7, 2013, 1:08 PM EST) -- Most commercial agreements contain a choice-of-law provision. The New York Court of Appeals recently addressed a situation with potentially broad application to all such agreements. Specifically, the court addressed the issue of whether a court should perform a choice-of-law analysis if the parties select New York law to govern their agreement but do not expressly exclude New York’s choice-of-law rules.

Parties seeking to ensure the application of New York law have traditionally and cautiously inserted contractual language expressly excluding New York’s choice-of-law rules. For example, such...
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