International business transactions

In order to figure out what law will be applicable, need to know what the forum is  forum will determine what choice of law rules will be applied

• 
  Determine the forum
  
  • 
    Is there a forum selection clause?
    
  • 
    Is there arbitration agreement?
    
• 
  Determine forum’s choice of law rules
  
  • 
    Is there an applicable choice of law provision
    
    • 
      Applicable party autonomy principles/law
      
    • 
      Are there conflicting mandatory rules?
      
  • 
    If not, what approach does forum take to determining applicable law?
    
    • 
      Three basic approaches
      
      • 
        “Closely connected” test in Art. 4 of 1980 Convention
        
      • 
        “Substantial relationship” test in US Restatement
        
      • 
        “Governmental interest” test
        

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