Pub K
Testing Your Fluency in the “Secret Language” of Choice-of-Law/Forum-Selection Clauses
Private Equity Watch – The decision as to which law applies in resolving a dispute arising from or related to a contract can be outcome determinative—i.e., a claim may be sustainable if one state’s law applies, but unsustainable if another state’s law applies. Contractually-related disputes include both traditional breach of contract claims, as well as tort-based claims such as fraud and negligent misrepresentation. A properly-worded choice-of-law clause can, in most instances, ensure that the contractually chosen law will be the law applied to both kinds of disputes.