Choice-of-law clauses and forum selection clauses routinely come before courts hearing transnational cases. A choice-of-law clause selects a law to govern the contract. A forum selection clause chooses a court in which to resolve disputes. In this post, author discusses the comparative value of these two clauses. 

Leading casebooks on conflict of laws examine both clauses together in a single chapter devoted to the concept of party autonomy. Civil procedure scholars view both clauses as examples of “contract procedure” whereby the parties agree to modify the usual rules relating to dispute resolution.

In this post, the author discusses the comparative value of these two clauses.

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