entity · derived
Choice of law
Derived node: assembled mechanically from the claims carrying choice-of-law. A roster, not an adjudicated definition.
Every claim under this term
- 2029983-001 : After Morrison, parties to securities transactions can be confident that U.S. law will not apply in private suits so long as their transactions are definitively located outside the United States, a ce
- 2029983-014 : Government enforcement acts as a backstop that makes the case for choice of law freedom stronger: allowing parties to choose their legal regime is more defensible when bad choices, such as moving tran
- 2029983-033 : The authors propose a rule under which, unless a transaction is unambiguously inside the United States, the transaction is not inside the United States if the parties have expressly stated that intent
- 2029983-034 : The race to the bottom objection to a contract based approach is weaker than assumed because a race to the bottom requires the consent of both buyers and sellers, and the objection assumes that buyers
- 2029983-035 : The SEC, rather than the courts or Congress, is the institution positioned to implement a choice of law regime for securities transactions, through rulemaking.
- 2029983-036 : U.S. courts have only a limited capacity to integrate parties' choice of law into a post-Morrison regime for defining transaction location, and adding variables raises the risk of inconsistent case la
- 2029983-037 : A contract selecting non-U.S. securities law can fail entirely: if the chosen jurisdiction's courts decline jurisdiction because the transaction did not clear there or the parties lack a local presenc
- 2029983-038 : Choice of law should replace the geographically based transactional test in those circumstances where geography is ambiguous.
- 5554218-035 : Embedding choice-of-law protocols directly within smart contracts gives clarity on the governing law and reduces the risk of conflicting interpretations across jurisdictions.
- 5886342-007 : The Codex is deliberately drafted as a rule of law in the sense of Article 3 of the Hague Principles on Choice of Law in International Commercial Contracts (2015), which is the technical device that l