When I teach Conflict of Laws, I tell my students that they must always perform a choice-of-law analysis when there is a conflict between the laws of two jurisdictions. This is sound advice for doing well on the final exam. It is not, however, strictly true. In fact, litigants waive this issue all the time. They ask the court to apply forum law even though the relevant choice-of-law rules point to the law of another jurisdiction. This post first identifies a number of cases where this has occurred. It then explains why it happens … (more)
[John F Coyle, Transnational Litigation Blog, 21 June 2023]
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