Express Choice of Law in Contracts

Question 1

Are parties allowed to choose their own choice of law via contract?

Answer 1

yes;

Parties to a contract are generally free to choose a particular jurisdiction’s law to be applied for matters of contract interpretation through choice-of-law provisions.

Question 2

For matters of contract validity, how is choice of law determined?

Answer 2

For matters of contract validity, the parties may choose which law applies only if:

1. The jurisdiction selected has some connection with the contract; AND
2. The choice of law is NOT contrary to a substantial policy interest of another jurisdiction with a greater interest in the matter.