International business transactions

most significant relationship formula

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OUTLINE International Business Transactions

§ 6 Choice-Of-Law Principles

most significant relationship formula – apply the law of the state that, with regard to the particular issue, has the most significant relationship with the parties and the dispute

The determination of the state with the most significant relationship is to be made “under the principles stated in § 6” by “taking into account” the factual contacts “according to their relative importance with respect to the particular issue.”

§ 6 Choice-Of-Law Principles

A court, subject to constitutional restrictions, will follow a statutory directive of its own state on choice of law.
When there is no such directive, the factors relevant to the choice of the applicable rule of law include
1. the needs of the interstate and international systems,
2. the relevant policies of the forum,
3. the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue,
4. the protection of justified expectations,
5. the basic policies underlying the particular field of law,
6. certainty, predictability and uniformity of result, and
7. ease in the determination and application of the law to be applied.

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